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HomeMy WebLinkAboutElizabeth Field, Fishers Island - General CorrespondenceJames W. Leana, P. E. Airport Division Calocerinos 8 Spina Engineers, P.C. 1020 Seventh North Street Liverpool NY 13088-6199 Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue, Room 305 Valley Stream NY 11581 James A. Kuzloski, Regional Director NYS Department of Transportation Veterans Memorial Highway Hauppauge NY 11788 Mr. Robert Michaud Director, Aviation Development Aviation Division NYS Department of Transportation 1220 Washington Avenue Albany NY 12232 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 5, 2003 Thomas F. Doherty, Manager Fishers Island Ferry District Post Office Box H Fishers Island, New York 06390 Dear Mr. Doherty: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork.net I had originally sent this out on August 20, 2003. I don't know what happened to them. However, I had the Supervisor and Town Attorney re-sign them and sent the out again with the original letter. Please e-mail me to let me know that you received your copy. Thank you. Have a good week. Cc: Town Comptroller Town Attorney Very truly yours, 04- 13444 L? P,�4aa ElizAeth A. Neville Southold Town Clerk 1 i ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 20, 2003 Mr. Philip Brito, Manager New York Airports District Office 600 Old Country Road, Suite 446 Garden City, New York 11530 Dear Mr. Brito: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net Enclosed please find three (3) original copies of the Grant Offer in response to Airport Improvement Program (AIP) Project No. 3-36-0029-10-03 at Elizabeth Field Airport at Fishers Island, New York which have been signed by Supervisor Joshua Y. Horton and certified by our Town Attorney Gregory F. Yakaboski. If you need any further copies, please contact my office at 631765-1800. Enclosure cc: Town Comptroller Town Attorney Very truly yours, Elizabeth A. Neville Southold Town Clerk Date of Offer 8/6/2003 Project Number 3-36-0029-10-03 RECIPIENT: Town of Southold (Herein called Sponsor) AIRPORT: Elizabeth Field Airport, Fisher's Island, NY OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of 90 percent of the allowable costs incurred in accomplishing the project consisting of the following: Acquire Snow Removal Equipment, including Tractor with 84 Inch front plow blade; 59 inch snow blower attachment and a Truck with power winch and complete snowplow package See Attached Special Conditions as more particularly described in the Project Application dated 7/14/03 The maximum obligation of the United States payable under this Offer shall be $150,000 For the purpose of any future grant amendments which may increase the foregoing maximum obligation of the United States under provisions of Section 47108(b) of Title 49 U.S.C., the following amounts are being specified for this purpose: $150,000 for airport development, for land, and for planning. This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offershall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager Ai rts District Office ORIGINAL. GRANT AGREEMENT U. S. Department of Transportation Federal Aviat/on Administration Date of Offer 8/6/2003 Project Number 3-36-0029-10-03 RECIPIENT: Town of Southold (Herein called Sponsor) AIRPORT: Elizabeth Field Airport, Fisher's Island, NY OFFER THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States' share of 90 percent of the allowable costs incurred in accomplishing the project consisting of the following: Acquire Snow Removal Equipment, including Tractor with 84 Inch front plow blade; 59 inch snow blower attachment and a Truck with power winch and complete snowplow package See Attached Special Conditions as more particularly described in the Project Application dated 7/14/03 The maximum obligation of the United States payable under this Offer shall be $150,000 For the purpose of any future grant amendments which may increase the foregoing maximum obligation of the United States under provisions of Section 47108(b) of Title 49 U.S.C., the following amounts are being specified for this purpose: $150,000 for airport development, for land, and for planning. This offer is made in accordance with and for the purpose of carrying out the provisions of Title 49, United States Code, herein called Title 49 U.S.C. Acceptance and execution of this offershall comprise a Grant Agreement, as provided by Title 49 U.S.C., constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION Manager Ai rts District Office Special Conditions 1. The Exhibit "A" set forth in Project Application dated 7/14/03, for AIP Project No. 3-36-0028-10-03, is incorporated herein by reference and made a part hereof. 2. It is understood and agreed by and between the parties hereto that the Sponsor shall furnish final plans and specifications and Sponsor certification for project plans and specifications to the FAA, that no construction work will be commenced hereunder, and that no contract will be awarded for the accomplishment of such work until the said certification and final plans and specifications have been submitted to the FAA, and the parties do further agree that any reference made in this Grant Offer or in the aforesaid Application to plans and specifications shall be considered as having reference to said final plans and specifications as approved. 3. It is understood and agreed by and between the parties hereto that a final determination on the eligibility of the items of work shall be made at the time the plans and specifications are approved by the FAA. 4. It is understood and agreed by and between the parties hereto that the Sponsor shall submit an Engineering Agreement for the professional services necessary to accomplish this project. The procurement of such professional services shall be accomplished in accordance with 49 CFR Part 18. FISc10-03 ACCEPTANCE The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document "Master Agreement on Terms and Conditions of Accepting Airport Improvement Program Grants" dated 6/19/2002. Executed this 12ttbay of August 2003 Town of Southold Name of Sponsor 44e Signature of Sp sor's esignated Official Representative Exte . ASSt �. Joshua . Horton Su ervisor Town of Southold Title Title CERTIFICATE OF SPONSOR'S ATTORNEY I, Gregory F. Yakaboski , acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of New York . Further, I have examined the foregoing Grant Agreement, and the actions taken by said Sponsor relating thereto, and find that the acceptance thereof by saidSponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and Title 49 U.S.C. In addition, for grants involving projects to be carried out on pr not owned by the Sponsor, there a no legal impediments that will prevent full performance by th sor. Further, it ism a said Grant Agreement constitutes a legal and binding obligation of the nsor in a 1 the terms thereof. Aug„St 17- 2003 Date Gregory F. Yakaboski, Town Attorney DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No . ............ 20-106 2. Functional or Other Breakout ...................... 3-36-0029-10-03 SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Latest Use only for revisions Total Amount Required Approve Amount -Adjustment: , + or (=) 1. Administrative expense $ $ $ $0.00 2. Preliminary expense $0 3. Land, structures, right-of-way $0.00 4. Architectural engineering basic fees $3,000•00 5. Othe r a re hite ctura 19 ng ine a ring fe e s $0.00 6. Project inspection fees $0.00 7. Land development $0 8. Relocation expenses $0.00 9. Relocation payments to Individuals and businesses $0 10. Demolition and removal $0.00 11. Construction and project improvement $0.00 12. Equipment $163,667.00 13. Miscellaneous $0.00 14. Total (Lines 1 through 13) $166,667.00 15. Estimated Income (if applicable) $0 16. NetProle ctAmount (Line 14 minus 15) $166,667.00 17: Less: Ineligible exclusions $0 18. Add: Contingencies $0 19. Total ProjectAmt. (Excluding rehabilitation grants) $166,667.00 20. Federal share requested on Line 19 $150,000.00 21. Add: Rehabilitation grants requested (100 percent) $0 22. Total Federal grant requested 90% $150,000.00 23. Grantee share 5% $8,334.00 24. O the r s h a re s 5% $8,333.00 25. Total P roje ct (Line s 22, 23, and 24) $ $ $ $166,667.00 FAA Form 5100-100 Page 4 ' DIEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION FAA Form 5100-100 Page 5 SECTION C - EXCLUSIONS 26. Classification Ineligible for Participation Excluded from Contingency Provision (2) a. $ $ b. C. d. e. f. g. Totals $ is SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ $8,334.00 a. Securities 0 b. Mortgages 0 c. Appropriations (by applicant) 0 d. Bonds 0 e. Tax Levies 0 L Non Cash 0 g. Other (Expla in) 0 h. TOTAL -Grantee Share $8,334.00 28. Other Shares a. State $8,333.00 b. Other 0 c. Total Other Shares $8,333.00 29. TOTAL $ $16,667.00 SECTION E - REMARKS FAA Form 5100-100 Page 5 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER O��S�FFO�,�cOG y� y Z �oy�o� oly� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 488 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 12,2003: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute all necessary documents in connection with the Town of Southold Grant Agreement with the US Department of Transportation, Federal Aviation Administration for the purpose of airport improvement at Fishers Island Elizabeth Field — Purchase of Snow Removal Equipment. , Elizabeth A. Neville Southold Town Clerk US.Department of Transportation Federal Aviation Administration August 6,2003 Mr. Joshua Y. Horton Town Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Dear Mr.Horton: Elizabeth Field Airport, Fisher's Island, NY AIP Project Number 3-36-0029-10-03 GRANT OFFER Enclosed are the original and four (4) copies of the grant offer issued in response to your project application dated 7/14/03 for Airport Improvement Project No. 3-36-0029-10-03 at Elizabeth Field Airport, Fisher's Island, NY. The grant offer is in the amount of $150,000 for the following project description: Acquire Snow Removal Equipment, including Tractor with 84 inch front plow blade; 59 inch snow blower attachment and a Truck with power winch and complete snowplow package. As you know, the most current version of the "Master Agreement on Terms and Conditions for accepting Airport Improvement Program Grants" is incorporated into this Grant Agreement by reference and becomes binding upon your execution of the Grant Agreement. The execution by this agency of Part I — Offer, indicates the intention of the United States to participate in the allowable costs of the project in an amount not to exceed the maximum obligation of the United States and subject to the terms and conditions set forth and described herein. If the terms of the grant offer are satisfactory, you should accept the grant offer prior to August 21,2003 and have your attorney certify that the acceptance complies with the local and state laws and constitutes a legal and binding obligation on the part of the airport sponsor. The original and three (3) copies of the executed Grant Agreement should be returned to this office as soon as possible. Please notify Christine Poppe from this office at (516) 227-3814 as soon as the grant has been fully executed. Sincerely, Philip Brito Manager Enclosures RESOLUTION AUGUST 12, 2003 V-488 RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute all necessary documents in connection with the Town of Southold Grant Agreement with the US Department of Transportation, Federal Aviation Administration for the purpose of airport improvement at Fishers Island Elizabeth Field — Purchase of Snow Removal Equipment. ENGINEERS DESIGN BUILD TECHNICAL RESOURCES OPERATIONS 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 C&S Engineers, Inc. 499 Col, Eileen Collins Blvd. Syracuse, NY 13212 Attn: Grants Administration ENGINEERS DESIGN BUILD TECHNICAL RESOURCES OPERATIONS March 26, 2003 Mr. Joshua Y. Horton Town of Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: Elizabeth Field Airport Apron and Taxiway Stub (Environmental & Design) FAA AIP No. 3-36-0029-09-02 NYS PIN 0913.09 File: 211.008 Enclosed please find the following: CSS Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13.212 phone 315-455-2000 fax 315-455-9667 www.cscos.com Four copies of Partial Payment Request No. TWO (Form 271), with attached backup documentation, for your review and appropriate signature. Four copies of Partial Payment Request No. TWO (Form FIN -190), with attached backup documentation, for your review and appropriate signature. Remarks: Please sign three copies of Form 271, three copies of Form FIN -190 (both pages) and return them to me for distribution. Keep one copy of each form with backup documentation for your files. If you have any questions or need additional information, please do not hesitate to contact us. Very truly yours, C&S ENGINEERS, INC. A AAa',kLL Kelli R. Walters A-v� Grants Administrator Enclosures cc: Thomas I. Doherty John Cushman (w/encl.) MAR 2 S -!i wn SUPERVISORS 0'--.1 '0, -)%+VN OF SOUTHO' l r) _---j' FIN t�i-2b (10/71). STATE OF NEW YORK Comptroller's Number AC 5033 DEPARTMENT OF TRANSPORTATION K - Approved State MUNICIPAL CORPORATION APPLICATION FOR PAYMENT Certificate Number Comptroller TWO PAYEE (Name,Address and Zip Code): FINANCIAL STATEMENT Town of Southold COST OF WORK PERFORMED TO DATE: 03/07/03 Town Hall As the sponsor's Authorized Representative, I hereby certify that the above information is true and that the funding requested is for a project approved by the New York State Department of Transportation. The project for which funding is being requested satisfies all requirements and the terms and conditions of the above listed State Grant Agreement. Additionally, I certify that according to my knowledge and belief, all items and amounts shown on this application are correct, all work has been preformed and / or all materials supplied and federal reimbursement has been received. (See Attached) Dater Signature: Title: TOWN SUPERVISOR NEW YORK STATE USE Approved Amount: $ ACCEPTED BY - NEW YORK STATE DEPT. OF TRANSPORTATION APPROVED AS TO FUNDS AVAILABLE AUDITS & ACCOUNTS BUREAU - DEPT. OF TRANSPORTATION Date: By: Date By PROJECT NUMBER REQUEST PAYMENT Dept. of Transp. State Number Interim Voucher Number Federal Date Semi-final Final P.O. Box 1179 1. Total Expended $36,263.06 Southold, NY 11971 2. Less non -participating $0.00 3. Eligible Cost $36,263.06 4. Less Federal Share $32,636.75 Payee -Employer Identification No. Org. Code 5. Project Cost $3,626.31 1 1-6003 307 BOO 6. State Share at 50% $1,813.15 GRANT AGREEMENT 7. Total prior requests $871.52 State No. 0913.09 Max. State Amt. $5,500' 8. Amount requested $941.63 Federal No. 3-36-0029-09-02 Max. Fed. Amt. $99,000 In accordance with the provisions of the Grant Agreement, the Municipal Corporation applies for payment as follows: A B C D E F ELIGIBLE FEDERAL PROJECT PRIOR CURRENT STATE FUNDS DESCRIPTION COST SHARE COST PROJECT PROJECT REQUESTED INCURRED (A -B) COSTS COSTS (C -D) (50% OF E)* EQUIPMENT $0.00 $0.00 $0.00 $0.00 $0.00', $0.00 LAND $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CONSTRUCTION $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ENGINEERING $36,263.06 $32,636.75 $3,626.31 $1,743.05; $1,883.26' $941.63 OTHER $0.00 $0.00' $0.00 $0.00 $0.00 $0.00- $0.00 $0.00. $0.00 $0.00' $0.00 $0.00 ADMINISTRATION $0.00 $0.00' $0.00 $0.00'1 $0.00 $0.00 TOTALS $36,263.06 $32,636.75' $3,626.31 $1,743.05' $1,883.261 $941.63 As the sponsor's Authorized Representative, I hereby certify that the above information is true and that the funding requested is for a project approved by the New York State Department of Transportation. The project for which funding is being requested satisfies all requirements and the terms and conditions of the above listed State Grant Agreement. Additionally, I certify that according to my knowledge and belief, all items and amounts shown on this application are correct, all work has been preformed and / or all materials supplied and federal reimbursement has been received. (See Attached) Dater Signature: Title: TOWN SUPERVISOR NEW YORK STATE USE Approved Amount: $ ACCEPTED BY - NEW YORK STATE DEPT. OF TRANSPORTATION APPROVED AS TO FUNDS AVAILABLE AUDITS & ACCOUNTS BUREAU - DEPT. OF TRANSPORTATION Date: By: Date By PROJECT NUMBER REQUEST PAYMENT Dept. of Transp. State Number Interim Voucher Number Federal Date Semi-final Final Federal Aviation Administration - NYADO 6. EMPLOYER IDENTIFICATION NO.: 7. RECIPIENT ACCOUNT OR OTHER IDENTIFYING NUMBER: 11-6003307 N/A 9. RECIPIENT ORGANIZATION: Name: Town of Southold Town Hall Address: P.O. Box 1179 Southold, NY 11971 3-36-0029-09-02 S. PERIOD COVERED BY THIS REPORT FROM: (Month, day, year) TO: (Month, day, year) 11/29/02 03/07/03 PAYEE: (Where check should be sent if different than item 9) None: Address: 11. Approved by Office of Management $0.00, OUTLAY REPORT AND REQUEST FOR and Budget No. 80-RO181 PAGE 1 OF 1 PAGES REIMBURSEMENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST: 2. BASIS OF REQUEST: $32,636.75 XI PARTIAL X11 CASH $0.00 FINAL ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT 4. FEDERAL GRANT OR OTHER IDENTIFYING 5. PARTIAL PAYMENT REQUEST NO.: TO WHICH THIS REPORT IS SUBMITTED: NUMBER ASSIGNED BY FEDERAL AGENCY: $0.00 $0.00', $0.00 TWO Federal Aviation Administration - NYADO 6. EMPLOYER IDENTIFICATION NO.: 7. RECIPIENT ACCOUNT OR OTHER IDENTIFYING NUMBER: 11-6003307 N/A 9. RECIPIENT ORGANIZATION: Name: Town of Southold Town Hall Address: P.O. Box 1179 Southold, NY 11971 3-36-0029-09-02 S. PERIOD COVERED BY THIS REPORT FROM: (Month, day, year) TO: (Month, day, year) 11/29/02 03/07/03 PAYEE: (Where check should be sent if different than item 9) None: Address: 11. STATUS OF FUNDS $0.00, $0.00' $36,263.06 PROGRAMS - FUNCTIONS - ACTIVITIES $0.00 $32,636.75 (u) (b) _ (C) _ $0.00 $0.00 CLASSIFICATION Apron and Taxiway St $32,636.75 $0.00 TOTAL a. Administrative expense $0.00 $0.00', $0.00 $0.00 b. Preliminary expense $0.00 $0.00', $0.001 $0.00 c. Land, structures, right-of-way $0.00 $0.00, $0.00 $0.00 d. Architectural engineering basic fees $0.00 $0.00 $0.00 $0.00 e. Other architectural engineering fees $36,263.06 $0.00 $0.00 $36,263.06 f. Project inspection fees $0.00 $0.00 $0.00 $0.00 g. Land development $0.00 $0.00 $0.00 $0.00 It. Relocation expense $0.00 $0.00' $0.00 $0.00 i. Relocation payments to individuals and businesses $0.00 $0.00 $0.00 $0.00 j. Demolition and removal $0.00 $0.00 $0.00 $0.00 k. Construction and project improvement cost $0.00 $0.00 $0.00 $0.00 I. Equipment $0.00 $O.00 $0.00 $0.00 In. Miscellaneous cost $0.00 $0.00'1 $0.00 $0.00 it. Total cumulative to date (sum of lines a thru m) $36,263.06 $0.001 $0.00 $36,263.06 o. Deductions for program income $0.00 $0.00' $0.00 $0.00 p. Net cumulative to date (Line It minus line o) $36,263.06' $0.00, $0.00' $36,263.06 q. Federal share to date $32,636.75 $0.001 $0.00 $32,636.75 r. Rehabilitation grants (100% reimbursement) $0.00 $0.00 $0.00 $0.00 s. Total Federal share (sum of lines q and r) $32,636.75 $0.00 $0.00 $32,636.75 I. Federal payments previously requested $15,687.44 $0.00 $0.00 $15,687.44 u. Amount requested for reimbursement $16,949 $0.00, $0.001 $16,949 v. Percent of physical completion of project 33.0% 0.0% 0.0% 33.0% SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL: DATE REPORT SUBMITTED: 12. CERTIFICATION: 1 certify that to the best of my knowledge a. RECIPIENT and belief the billed costs or disburse- PED OR PRINTED NAME AND TITLE: TELEPHONE NO.: ments are in accordance with the terms JOSHUA Y. HORTON of the project and that the reimbursement TOWN SUPERVISOR (631) 765-1889 represents the Federal share due which has not been previously requested and. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL: DATE; REPORT SUBMITTED: that an inspection has been performed and all work is in accordance with the b. Representative terms of the award. certifying to line 11V. TYPED OR PRINTED NAME AND TITLE: TELEPHON NO.: KELLI R. WALTERS GRANTS ADMINISTRATOR (315) 455-2000 C&S ENGINEERS, INC. 271-1m J 0 Elizabeth Field Airport Apron and Taxiway Stub (Environmental & Design) Town of Southold F.A.A. AIP PROJECT NO. 3-36-0029-09-02 N.Y.S.D.O.T. PROJECT NO. 0913.09 SUMMARY OF STATE ELIGIBLE PROJECT COSTS PROGRAM NO. 1 0_3 /26/2003 211.008.001 ESTIMATED ESTIMATED TOTAL FEDERAL TOTAL STATE INCURRED COST NON - PROJECT PHASE ELIGIBLE COST ELIGIBLE COST STATE ELIGIBLE PARTICIPATING a. EQUIPMENT ........................... $0.00 $0.00 $0.00 $0.00 b. LAND ...................................... $0.00 $0.00 $0.00 $0.00 c. CONSTRUCTION .................... $0.00 $0.00 $0.00 $0.00 d. ENGINEERING ........................ $106,344.00 $106,344.00 $36,263.06 $0.00 e. OTHER .................................... $2,000.00 $2,000.00 $0.00 $0.00 f. ADMINISTRATION ..... ........ $1,656.00 $1,656.00 $0.00 TOTAL STATE COSTS $110,000.00 $110,000.00 $36,263.06 $0.00 WORK PERFORMED TO: 03/07/03 Elizabeth Field Airport Apron and Taxiway Stub (Environmental & Design) Town of Southold OTHER ARCHITECTURAL ENGINEERING FEES PROGRAM NO. 1 DATE 09/16/02 11/01/02 12/12/02 01/23/03 02/11/03 03/24/03 TOTALS 03/26/2003 211.008.001 ELIGIBLE RETAINAGE NON- FAA NYSDOT AMOUNT WITHHELD PARTICIPATING REIMB. REIMB. AMOUNT REQ. NO. REQ. NO. $3,668.41 ONE ONE $2,527.97 ONE ONE $11,234.11 ONE ONE $2,156.89 TWO TWO $10,441.37 TWO TWO $6,234.31 TWO TWO $36,263.06 $0.00 $0.00 ENGINEERS . DESIGN BUIL® COMPANIES TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 SHORT ENVIRONMENTAL ASSESSMENT PREPARATION OF FORM C FOR PROFESSIONAL SERVICES RENDERED FROM 11/30/02 THROUGH 01/10/03 CSS Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com INV. DATE: 01/23/03 INVOICE #: 301187 PROJECT #: 211.008.001 CLIENT REF: EST. COST: 34,592.00 FIXED FEE: 3,314.00 TOTAL : 37,906.00 ANALYSIS OF COST THIS INVOICE DIRECT SALARIES 766.20 OVERHEAD % 141.10 1,081.11 TOTAL REGULAR LABOR EXPENSE -------------- 1,847.31 PREMIUM LABOR COST .00 TOTAL IgRECT PERSONNEL -------------- 1,847.31 G&A % .00 OTHER DIRECT CHARGES 28.25 TOTAL COSTS -------------- 1,875.56 FIXED FEE 281.33 TOTAL THIS INVOICE -------------- 2,156.89 AMOUNT DUE THIS INVOICE -------------- 2,156.89 CONTACT PERSON: SUE LOEWER, ACCOUNT MANAGER TELEPHONE: (315) 455-2000 EXT. NO. 422 NET 30 DAYS 1 1/2% INTEREST PER MONTH ENGINEERS DESIGN BUIL® TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 S A L A R Y & E X P E N S E D E T A I L SALARIES BASED ON MULTIPLIER CSS Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com INV. DATE: 01/23/03 INVOICE #: 301187 PROJECT #: 211.008.001 CLIENT REF: 26.50 OTHER EXPENSES COST/QTY POSTAGE & SHIPPING UNITED PARCEL SERVICE 28.25 PREM AMOUNT 68.00 20.70 620.00 35.00 22.50 766.20 RATE AMOUNT 1.0000 28.25 ------------- 28.25 ** Total Project 211.008.001 794.45 HOURS RATE MANAGING ENGINEER NAPOLITANO, RALPH E. 2.00 34.0000 ENVIRONMENTAL SCIENTIST BAYER, BRYAN A. 1.00 20.7000 SENIOR AIRPORT PLANNER CALINAO, BERNARDITA 20.00 31.0000 24 GRANTS ADMINISTRATOR WALTERS, KELLI R. 2.00 17.5000 TECHNICAL TYPIST GRIFFIN, TARENNA K. 1.50 15.0000 26.50 OTHER EXPENSES COST/QTY POSTAGE & SHIPPING UNITED PARCEL SERVICE 28.25 PREM AMOUNT 68.00 20.70 620.00 35.00 22.50 766.20 RATE AMOUNT 1.0000 28.25 ------------- 28.25 ** Total Project 211.008.001 794.45 Ship To: CAROL RAEMSCH, PH.D Service Type: UPS NEXT DAY AIR Shipment Service Charge: $ 18.25 HARTGEN ARCHEOLOGICAL ASSOC., INC. Total Packages: 1 Saturday Delivery: $ 10.00 1713 8TH AVENUE Hundredweight: No BROOKLYN NY 11215-6103 Billable Wt.: 2.0 Billing Option: Prepaid Ship From: GOODEVE Package Ref No. 1: 211.008.001.600 GOODEVE C&S Engineers, Inc. SYR HANCOCK AIRPORT SYRACUSE NY 13212-6906 Tracking No.: lZl042994443687Z36 Package Service Charge: $ 18.25 Package Type: Package / Weight: 2.0 l Shipper Amt: $ 28.25 Trx Ret No.: 211.008.001.600 UPS Total Charge: $ 28.25 F ENGINEERS CBS DESIGN BUILD TECHNICAL RESOURCES COMPANIES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 SHORT ENVIRONMENTAL ASSESSMENT PREPARATION OF FORM C FOR PROFESSIONAL SERVICES RENDERED FROM 01/11/03 THROUGH 02/07/03 CSS Engineers, Inc. ; 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com INV. DATE: 02/11/03 INVOICE #: 302105 PROJECT #: 211.008.001 CLIENT REF: EST. COST: 34,592.00 FIXED FEE: 3,314.00 TOTAL : 37,906.00 ANALYSIS OF COST THIS INVOICE DIRECT SALARIES 3,022.25 OVERHEAD % 141.10 4,264.39 TOTAL REGULAR LABOR EXPENSE -------------- 7,286.64 PREMIUM LABOR COST .00 TOTAL DIRECT PERSONNEL -------------- 7,286.64 G&A % .00 OTHER DIRECT CHARGES 2,406.61 TOTAL COSTS -------------- 9,693.25 FIXED FEE 748.12 TOTAL THIS INVOICE -------------- 10,441.37 AMOUNT DUE THIS INVOICE -------------- 10,441.37 CONTACT PERSON: SUE LOEWER, ACCOUNT MANAGER TELEPHONE: (315) 455-2000 EXT. NO. 422 NET 30 DAYS 1 1/2% INTEREST PER MONTH ENGINEERS Cos DESIGN BUILD COMPANIES TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 S A L A R Y & E X P E N S E D E T A I L SALARIES BASED ON MULTIPLIER C&S Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 wvwv.cscos.com INV. DATE: 02/11/03 INVOICE #: 302105 PROJECT #: 211.008.001 CLIENT REF: PREM AMOUNT 51.00 21.60 34.40 190.00 796.95 190.30 1,488.00 70.00 180.00 3,022.25 HOURS RATE MANAGER AIRPORT PLANNING NAPOLITANO, RALPH E. 1.50 34.0000 ENGINEER MANAHAN, KATE L. ASH 1.00 21.6000 SENIOR GEOLOGIST BARBA, THOMAS A. 1.00 34.4000 DESIGNER GORDON JR., JOHN H. 10.00 19.0000 ENVIRONMENTAL SCIENTIST BAYER, BRYAN A. 38.50 20.7000 ENVIRONMENTAL ANALYST WIRICKX, THOMAS C 11.00 17.3000 SENIOR AIRPORT PLANNER CALINAO, BERNARDITA 48.00 31.0000 GRANTS ADMINISTRATOR WALTERS, KELLI R. 4.00 17.5000 DESIGNER CELI, JON 8.00 22.5000 123.00 PREM AMOUNT 51.00 21.60 34.40 190.00 796.95 190.30 1,488.00 70.00 180.00 3,022.25 ENGINEERS DESIGN BUILD TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 SALARY & EXPENSE DETAIL OTHER EXPENSES COST/QTY SUBCONTRACT PROFESSIONAL SERVICES HARTGEN ARCHEOLOGICAL ASSOC 2,251.61 MISCELLANEOUS OTHER DIRECT EXPENSE ENVIRONMENTAL DATA RESOURCE 155.00 CSS Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com INV. DATE: 02/11/03 INVOICE #: 302105 PROJECT #: 211.008.001 CLIENT REF: RATE 1.0000 1.0000 ** Total Project 211.008.001 AMOUNT 2,251.61 155.00 ------------ 2,406.61 5,428.86 SERVICES BY OTHERS TO: Accountin DATE: FROM: RE: Attached Invoice BILLABLE TO CLIENT? Yes ( 1Y) No ( } Jill CHARGE NUMBER: Z I 1 0 0 6 v_ Q 1 I I REMARKS: DUE: Now ( j When C&S Paid APPROVED BY: ax .' roject Manager ACCOUNTING: Invoice Checked Hartgen Archeological Associates, Inc. 1744 Washington Ave. Ext. Rensselaer, New York 12144 Phone: (518)283-0534 Fax: (518)283-6276 E-mail: hartgen@hartgen.com Federal I D#: 14-1666341 I S do: Gerald .� C & S Engineers, Inc. Syracuse Hancock International Airport Syracuse, NY 13212 Customer ID: 322 Invoice Invoice Number: 02:437 Invoice Date: Jan 15, 2003 Page: 1 Customer PO Payment Terms Due Date jJob ID Y008 _Net 30 Days 2/14/03 Y008 Quantitv I RPM I n--;_4.;__ I 1 Init Priya I Fvtancinn f /9 Check No:/( Subtotal 2,251.61 Total Invoice Amount 2,251.61 Payment Received 0.00 TOTAL 2,251.61 Accounts unpaid over 30 days are charged 1.5% monthly finance charge. PROGRESS INVOICE Phase IA Literature Review and Phase IB Archeological Field Reconnaissance. Elizabeth Field Airport. Town of Southold, Fishers Island, New York. --Fieldwork 14.00 Michael Diaz 12/13/02 26.40 369.60 14.00 Carol Raemsch 12/13/02 110.01) 1,540.00 --Research 1.25 Kim Croshier 11/11-14/02 30.80 38.50 0.50 aura Hertle 11/12/02 26.40 13.20 2.00 Laura Hertle 11/8/02 26.40 52.80 1.50 <im Croshier 11/7/02 30.80 46.20 --Expenses hone Oct -Dec 2002 0.61 FedEx to Carol Raemsch 11 /1'4/2002 12.40 FedEx to Carol Raemsch 11/8/2002 13.61 Fishers Ferry 12/13/2002 14.50 Fisher Ferry 12/13/2002 24.00 Tolls 12/13-14/2002 22.50 Mileage 12/13-14/2002 102.96 Mileage Hertle 11/12/2002 0.43 Map copies 11/14/2002 0.30 /9 Check No:/( Subtotal 2,251.61 Total Invoice Amount 2,251.61 Payment Received 0.00 TOTAL 2,251.61 Accounts unpaid over 30 days are charged 1.5% monthly finance charge. Environmental Data Resources, Inc. P.O. Box 74551 Chicago, IL 60690 Phone: (203) 255-6606 Fax : (203) 255-1976 Ship To: Bryan A. Bayer C & S Engineers, Inc. 499 Colonel Eileen CollinsBlvd Syracuse, NY 13212 1-5 � • tib �� � . (®, ���� Ship Date Account# Invoice # 01/14/2003 1012179 910529 Remit Payment To: Environmental Data Resources, Inc. P.O. Box 74551 Chicago, IL 60690 Terms Order Date Order Time Caller Account Representative Payable Upon Receipt 01/14/2003 12:26:01 Bryan A. Bayer Erik Terranova Report Type Price zip Customer PO # Cust Proj # Project/Site Name or`Description .,, EDR Radius Map Sanborn Map Search 155.00 0.00 06390 06390 211.008.001.600 211.008.001.600 211.008.001 211.008.001 Proposed Terminal Apron Project Proposed Terminal Apron Project SALES TAX -> TOTAL DUE -> 0.00 155.00 ENGINEERS C (83 S DESIGN BUILD COMPANIES TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 SHORT ENVIRONMENTAL ASSESSMENT PREPARATION OF FORM C FOR PROFESSIONAL SERVICES RENDERED FROM 02/08/03 THROUGH 03/07/03 ANALYSIS OF COST DIRECT SALARIES OVERHEAD % 141.10 TOTAL REGULAR LABOR EXPENSE PREMIUM LABOR COST TOTAL DIRECT PERSONNEL G&A % OTHER DIRECT CHARGES TOTAL COSTS FIXED FEE TOTAL THIS INVOICE AMOUNT DUE THIS INVOICE C&S Engineers, Inc. , 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com INV. DATE: 03/24/03 INVOICE #: 303213 PROJECT #: 211.008.001 CLIENT REF: EST. COST: FIXED FEE: TOTAL : THIS INVOICE 1,388.08 1,958.58 -------------- 3,346.66 .00 -------------- 3,346.66 .00 2,887.65 -------------- 6,234.31 .00 -------------- 6,234.31 -------------- 6,234.31 CONTACT PERSON: SUE LOEWER, ACCOUNT MANAGER TELEPHONE: (315) 455-2000 EXT. NO. 422 NET 30 DAYS 1 1/2% INTEREST PER MONTH 34,592.00 3,314.00 37,906.00 ENGINEERS . DESIGN BUILD COMPANIES TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD FISHERS ISLAND FERRY DISTRICT FOOT OF STATE STREET NEW LONDON, CONNECTICUT 06320 S A L A R Y & E X P E N S E D E T A I L SALARIES BASED ON MULTIPLIER CSS Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 WWW.cscos.com INV. DATE: 03/24/03 INVOICE #: 303213 PROJECT #: 211.008.001 CLIENT REF: HOURS RATE PREM AMOUNT MANAGING ENGINEER CLARK, BRUCE 6.00 36.2000 217.20 NAPOLITANO, RALPH E. 1.00 34.0000 34.00 BARBA, THOMAS A. 4.00 34.4000 137.60 AIRPORT PLANNER GORDON JR., JOHN H. 1.50 19.7500 29.63 ENVIRONMENTAL SCIENTIST BAYER, BRYAN A. 26.00 20.7000 538.20 ENVIRONMENTAL ANALYST WIRICKX, THOMAS C 1.00 17.3000 17.30 SENIOR AIRPORT PLANNER CALINAO, BERNARDITA 8.00 31.0000 248.00 DESIGNER CELI, JON 7.00 22.5000 157.50 TECHNICAL TYPIST HAMILTON, CHERYL ANN .50 17.3000 8.65 -------- 55.00 ---------- ---------- 1,388.08 ENGINEERS DESIGN BUILD TECHNICAL RESOURCES OPERATIONS TOWN OF SOUTHOLD INV. DATE: FISHERS ISLAND FERRY DISTRICT INVOICE #: FOOT OF STATE STREET PROJECT #: NEW LONDON, CONNECTICUT 06320 CLIENT REF: SALARY & EXPENSE DETAIL OTHER EXPENSES f CSS Engineers, Inc. 499 Col. Eileen Collins Boulevard Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com 03/24/03 303213 211.008.001 COST/QTY RATE SUBCONTRACT PROFESSIONAL SERVICES HARTGEN ARCHEOLOGICAL ASSOC 2,887.65 1.0000 ** Total Project 211.008.001 AMOUNT 2,887.65 ------------ 2,887.65 4,275.73 Hartgen Archeological Associates 1744 Washington Ave. Ext Rensselaer, NY 12144 Phone: (518) 283-0534 Fax: (518) 283-6276 E -Mail: hartgen@hartgen.com 1 t Federal Tax ID#: 14166341 Sold To: Bernadita Calinao C & S Engineers, Inc. 499 Col. Eileen Collins Blvd. Syracuse, NY 13212 Customer ID 322 Invoice Invoice Number: 02:468 Invoice Date: Feb 4, 2003 Page: 1 F — Item Description Custonner PO Payment Terms Net 30 Days Due Date Job ID 3/6/03 Y008 Phase IA Literature Review and Archeological Sensitivity Hours Item Description Unit Price Extension Phase IA Literature Review and Archeological Sensitivity Assessment and Phase IB Field Reconnaissance Survey. Elizabeth Field Airport, Town of Southold, Fishers Island, New York. Report Preparation 2.00 Carol Raemsch 1/28-29/03 110.00 220.00 19.00 Carol Raemsch 1/21-24/03 110.00 2,090.00 5.00 Evangelia Tsesmelia 1/22-24/03 35.20 176.00 2.00 Sally Light 1/23/03 48.40 96.80 2.00 John Wilkinson 1/22-23/03 33.00 66.00 Expenses Gold Star Photo Image 1/22/03 7.34 Lodging 12/13-15/2002 165.01 Report Reproduction 66.50 6� Check No: ') Lim Subtotal Sales Tax Total Invoice Amount Payment Received TOTAL Accounts unpaid over 30 days are charged 1.5% monthly finance charge. 2,887.65 2,887.65 0.00 2,887.65 .1 1 -.I , N .. OMB Approval No. 0348-004; APPLICATION FOR 2. DATE SUBMITTED APPLICANT IDENTIFIER FEDERAL ASSISTANCE 01/29/2002 211 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE STATE APPLICANT IDENTIFIER Application Preapplication 0913.07 Construction Construction 4. DATE RECEIVED BY FEDERAL AGENCY FEDERAL IDENTIFIER LXJ Non -Const. Non -Const. 3-36-0029-09-02 5. APPLICANT INFORMATION Legal Name: ORGANIZATIONAL UNIT: Town of Southold Fishers Island Ferry District Address (give city, county, state, and zip code) NAME AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area code): Town Hall P.O. Box 1179 R. Philip Knauff Southold, NY 11971 (631) 788-7463 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT (enter appropriate letter in box): D 01 3 3 0 A. State H. Independent School Dist B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University 8. TYPE OF APPLICATION: D. Township K. Indian Tribe 0 New 0 Continuation O Revision E. Interstate L. Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letter(s) in box(es): 71 0 G. Special District N Other (Specify) A. Increase Award B. Decrease Award C. Increase Duration 9. NAME OF FEDERAL AGENCY: D. Decrease Duration Other (Specify): Federal Aviation Administration New York Airports District Office 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: ASSISTANCE NUMBER: 2 O o 1 O 6 TITLE: Airport Improvement Program (AIP) Apron and Taxiway Stub (Environmental & Design) 12. AREAS AFFECTED BY PROJECT (cities, counties, slates, etc.) Fishers Island 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 2nd 2nd 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a Federal $ a. YES X� This Preapplication/Application Was Made Available To The State Executive Order 12373 Process For Review On Date: submitted 12/21/01 b. NO Program Is Not Covered By E.O. 12373 Or Program Has Not Been Selected By State For Review b Applicant $ .00 c State $ .00 d Local $ .00 e Other $ .00 f Program Income $ 17 IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Yes. If "Yes," attach an explanation. ox No g TOTAL $ .00 18, TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a Typed Name of Authorized Representative b Title Deputy i` Town Supervisor 19 c Telephone number (631) 765-1889 d Signature of Authorized Re entati e e Date Signed 3/19/02 rrevlous taltlons Not Usably / Standard Form 424 (REV 4-88) V Prescribed by OMB Circular A-102 Authorized for Local Reproduction 15E ARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION _ OMB NO. 60-R_0184 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................. 20.106 2. Functional or Other Breakout ........................... SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or H 1. Administration expense $1,656 2. Preliminary expense $0 3. Land, structures, right-of-way $0 4. Architectural engineering basic fees Design $68,438 5. Other architectural engineering fees Environmental $37,906 6. Project inspection fees $0 7. Land development $0 8. Relocation Expenses $0 9. Relocation payments to Individuals and Businesses $0 10. Demolition and removal $0 11. Construction & project improvement $0 12.Equipment $0 13. Miscellaneous IFE $2,000 14. Total Lines 1 through 13 $110,000 15. Estimated Income (if applicable) $0 16. Net Project Amount Line 14 minus 15 _ $110,000 17. Less: Ineligible Exclusions _ $0 18. Add: Contingencies $0 19. Total Project Amt. Excluding Rehabilitation Grants) $110,000 20. Federal Share requested of Line 19 90.00% $99,000 21. Add Rehabilitation Grants Requested (100 Percent) $0 22. Total Federal grant requested (Lines 20 & 21 - -- _ _ - ---- -- _ — _ -__ _ $99,000 $5,500 $5500 $110,000 23. Grantee share 5.00% 24. Other shares 5.00% 25. Tot Lines 22 23 & 24�-- — —_— -- -- --------- --- FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES 1 THRU 7 Page 4 DEPPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION O M B N O. 80-R O 184 FAA Fom, 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 55 FAA AC 75-0232 SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) 26 a. b. C. d. e. f. Total SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages c. Appropriation (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 5.00% $5,500 28. Other Shares a. State 5.00% $5,500 b. Other c. Total Other Shares 29. TOTAL $11,000 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach -See Instructions) FAA Fom, 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 55 FAA AC 75-0232 PART IV: PROGRAM NARRATIVE Fisher's Island — Elizabeth Field Project Narrative Statement Apron and Taxiway Stub (Environmental & Design) Description: This project will generally include the construction of a 45,000 SF tie -down Apron, which will accommodate approximately 8 small aircraft. A 180 -foot long, 25 -foot wide taxiway will connect the proposed apron to Runway 25. This contract will include all the grading, paving, drainage, and marking necessary to complete the apron and taxiway. Justification: The existing apron at the airport is in very poor condition, and more importantly, is also within the Runway Safety Area for runway 7-25. The relocation of the Apron is necessary to obtain the required separation distance between the runway and apron as per the FAA Airport Design Advisory Circular. This apron project should increase the overall safety of aircraft operations, as well as increase the number of planes able to be parked at the airport. Consistency with ALP/FAA Standards This project is recommended in the Airport Master Plan and appears on the existing Airport Layout Plan. Consultation with Users Fisher's Island Ferry District confirms that Operators at Elizabeth Field have been consulted and are aware of the proposed development project. Displaced Persons Statement The airport project proposed in this aid application does not involve the displacement or relocation of persons residing on land needed for such development. Specific Opposition Statement Fisher's Island Ferry District is not aware of any significant community opposition to the proposed project. lw ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 190 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 12,2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute and forward Brant applications to the Federal Aviation Administration for federal funding to make improvements at the Elizabeth Airport, Fishers Island, New York, as requested by the Fishers Island Ferry District. Elizabeth A. Neville Southold Town Clerk ENGINEERS DESIGN BUILD TECHNICAL RESOURCES OPERATIONS January 29, 2002 Mr. R. Philip Knauff Manager Fishers Island Ferry District P.O. Box H Fishers Island, New York 06390 Re: Fisher's Island — Elizabeth Field Apron and Taxiway Stub (Environmental & Design) Final Application FY2002 File: 211 Enclosed please find the following: CSS Engineers, Inc. Syracuse Hancock International Airport Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com Five copies of the Final Application for Federal Assistance for the proposed Apron and Taxiway Stub (Environmental & Design) projects, for your review and signature: Remarks: Please s ,#4100 A = he applina on as indicated, forward one directly to Mr. Philip Brito, return three copies to me for distribution to the NYSDOT, and keep one copy of the application for your files. I have enclosed envelopes for your convenience. If you have any questions or need additional information, please do not hesitate to contact us. Very truly yours, C&S ENGINEERS, INC. Kelli R. Walters Grants Administrator Enclosures cc: Mr. Dan Vornea (w/encl.) Mr. Joshua Y. Horton (w/encl.) D , F8- 120 SUPERVISORSVOF SOUTH0 D ENGINEERS DESIGN BUILD TECHNICAL RESOURCES OPERATIONS February 5, 2002 Joshua Y. Horton Town of Southold Town Hall PO Box 1179 Southold, NY 11971 C&S Engineers, Inc. Syracuse Hancock International Airport Syracuse, NY 13212 phone 315-455-2000 fax 315-455-9667 www.cscos.com r, SUPERVISORS GFFICE TOWN OF SOUTHOLD Re: Elizabeth Field Airport Apron and Taxiway Stub Engineering Services Consultant Agreement for Design File: 211.008 Dear Mr. Horton: Enclosed for your review and approval is one (1) copy of the draft Engineering Services Consultant Agreement for this project. This Agreement provides for the complete design of the project generally including project management, preliminary and final design, subsurface soil investigation and laboratory testing, topographic surveys, and direct expenses. In addition, this Agreement provides for the complete preparation of Environmental Form "C" as required by NEPA. In accordance with FAA AC 150/5100-14, the Town is responsible for completing the Independent Fee Estimate (IFE) for this agreement. The IFE is to be submitted to the FAA for their review and approval. Please feel free to contact me so I can explain the IFE process. By copy of this letter, we are also submitting draft copies of this Agreement to the Federal Aviation Administration (FAA) for their review and approval. If you have any questions in reference to the enclosed, please do not hesitate to contact our office. Very truly yours, C&S ENGINEERS,IN 6� /W, Bruce W. Clark; PE Managing Engineer cc: Mr. Philip Brito (w/encl.) Mr. Philip Knauff (w/encl.) I A(;.6110 PJ2UJIi(I I!, , Su,I LAI If K4DL's A(;RI 1O(' From: Diana Von Buer� Farrell & Fritz, P. C. f to C_t is Kathleen Neumann DOT M. Berkvist Land Preservation Committee ./ Planning Board .� Town Clerk Town Clerk,/' DOT/FAA f' Lucille Siracusano NOTED: /��P</eg�(Please initial) jyh MAIL LOG 2002 July 19,2002 Subject: Newsletter from Upstate Organization devoted to Family Farms LI Edition of Law Journal Article outlining the importance of undertaking SEQRA reviews LIPA Transmission Lines — requesting burying of the lines. Also a copy of A letter sent to Pataki (Hot Mail Folder) Plans and drawings for Fish Pond @ Skipper Horton Park (Hot Mail Folder) Letter to Times Review re Michael Chusiano property on Diamond Lane In Peconic. Agenda July 23rd Agenda, Site Plans Wed 7/22 Police Advisory Committee Thursday, July 25th Laserfice Update Elizabeth Field Airport — Grant Offer (Gavto Jim McMahon to review) Letter to you and TB re Property on Di nd Lane in Peconic. Submitted many copies of letters that are on file w' Town Clerk (Hot Mail Folder) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 401 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute a revised grant agreement between the Town of Southold and the US Department of Transportation, Federal Aviation Administration for the purpose of airport improvement at Elizabeth Field, Fishers island. Elizabeth A. Neville Southold Town Clerk U. S. Department of Transportation Federal Aviation Administration August 7, 2002 Mr. Bruce W. Clark Project Engineer C&S Engineers, Inc. Syracuse -Hancock International Airport Syracuse, New York 13212 Dear Mr. Clark: Elizabeth Field Airport (OB8) Fishers Island, New York AIP 3-36-0029-09-02 Prepare Environmental Assessment; Design for Apron & Access Taxiway Consultant Agreement New York Airports District Office 600 Old Country Rd, Suite 446 Garden City, New York 11530 Telephone: 516-227-3800 Fax: 516-227-3813 This office has completed its review, in addition to our preliminary review of February 19, 2002, of the executed Consultant Agreement, with Scopes of Work (Schedules A-1 & A-2) and Fee Schedules (Schedules B-1 & B-2), for Preparation of an Environmental Assessment and Engineering Design for Apron and Access Taxiway at Elizabeth Field Airport, Fishers Island, New York. Pursuant to this review we find the costs submitted to be "necessary and reasonable" and are therefore approving this Consultant Agreement, with the Scopes Of Work (Schedule A-1 & A-2) and Fee Schedules (Schedule B-1 & B-2), in the "Lump Sum" amounts submitted as follows: 1. Prepare Environmental Assessment (Form C) for Apron & Access Taxiway: Approved in the "Lump Sum" amount submitted of $37,906.00 ($34,116.00 Federal share). 2. Engineering Design for Apron & Access Taxiway Construction: Approved in the "Lump Sum" amount submitted of $68,438.00 ($61,594.00 Federal share). This correspondence will also serve to acknowledge receipt, and our approval of, the Independent Fee Estimate (IFE) for this project prepared by L.K. McLean Associates, P.C. and } L) 2 submitted by Mr. Thomas Doherty's correspondence dated April 29, 2002. Should you have any questions concerning this matter, please contact me at (516) 227-3810. Sincerely, ofs b1 �.wA Lawrence W. A'Hearn NY Airports District Office cc: NYSDOT, D. Fox Mr. Joshua Linehorton, Supervisor, Town of Southold NYADO, L. A'Hearn 08/07/02 File: Fishers Island 09-02 Engineering (OB809ENG.DOC) �` J ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR. OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown. northfork. net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 191 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 12,2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Joshua Y. Horton to execute an agreement with C&S Engineers, Inc., Syracuse Hancock International Airport, Syracuse, NY 13212 to provide engineering services in accordance with a Lump Sum Consultant Agreement for the apron and taxiway stub at Elizabeth Airport (FAA AIP No. 3-36-0029-09-02 and NYSDOT No. 0913.09), Fishers Island, New York as requested by the Fishers Island Ferry District. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 25, 2002 Philip Brito Federal Aviation Administration New York Airports District Office 600 Old Country Road, Suite 446 Garden City, New York 11530 Dear Mr. Brito: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou tholdtow n. northfork. net Enclosed please find one (1) copy of a signed Master Agreement for the Town of Southold, together with the June 18, 2002 certified copy of Town Board resolution number 401 authorizing the same. I have retained one for my records. If you have any questions in reference to the enclosed, please do not hesitate to contact me at 631765-1800, Very truly yours, Q TEliza eth A. Neville//// Southold Town Clerk OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 401 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute a revised Brant aereement between the Town of Southold and the US Department of Transportation, Federal Aviation Administration for the purpose of airport improvement at Elizabeth Field, Fishers Island. Elizabeth A. Neville Southold Town Clerk O�OS,3FFO(/(coG y� ELIZABETH A. NEVILLE _ Town Hall, 53095 Main Road TOWN CLERK o - P.O. Box 1179 REGISTRAR, OF VITAL STATISTICS N Southold, New York 11971 Fax (631) 765-6145 MARRIAGE OFFICER 1i �� RECORDS MANAGEMENT OFFICER �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown. northfork. net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 401 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 18,2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Horton to execute a revised Brant aereement between the Town of Southold and the US Department of Transportation, Federal Aviation Administration for the purpose of airport improvement at Elizabeth Field, Fishers Island. Elizabeth A. Neville Southold Town Clerk TO: Justice Louisa P. Evans FROM: Town Clerk Betty Neville RE: FAA Master Agreement DATE: 10/26/01 Louisa, I received a photocopy of this from the Supervisor's Office. It has no signature on it. Does the original you received have a signature on it? S EP A" 6) f � 4 U. S. Department New York Airports District Office of Transportation 600 Old Country Rd, Suite 446 Garden City, New York 11530 Federal Aviation Telephone: 516-227-3800 Administration Fax: 516-227-3813 Dear Airport Sponsor: Enclosed are two (2) copies of the revised Master Agreement. Please sign each copy of the Master Agreement acknowledging acceptance, and return one copy to this office. The Master Agreement will be incorporated into every Grant Agreement by reference. Any future revisions to the Master Agreement will likewise require your signed acceptance. Only grant agreements executed subsequent to the revision will incorporate the revision. We therefore, recommend that you safely retain the Master Agreement and any revisions to it. New Grant Offers will not be forwarded until we have a signed Master Agreement in this office. As stated above, changes are also being made with the grant application. From now on only one copy of the grant application is to be submitted. As with the Master Agreement, the grant application will be incorporated into the grant agreement by reference. The grant application shall include only the following documents: ■ a standard Form 424, ■ a project description, ■ a cost breakdown by project description, i.e. taxiway overlay, apron expansion, etc. ■ a scope of work ■ a cost breakdown using Part III Budget Pages(s), 4) Celebrating 50 Years of Airport Development MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in this Master Agreement as part of all Grant Agreements between the Sponsor and the Federal Aviation Administration as provided by Title 49 U.S.C. which are executed subsequent to the date of acceptance of this Master Agreement. Date: Name/Title: Sponsor: TOWN OF SOUTHHOLD, NEW YORK Airport: ELIZABETH FIELD AIRPORT, FISHERS ISLAND,NEW YORK 21 ■ a sketch of the work to be contained in the grant if not already provided in the ACIP package ■ Evidence of the intergovernmental review coordination, if not included with the ACIP package. You will also notice some changes in the Grant Offer as we issue them. We trust that these changes will facility all of our efforts in the AIP grant process. Sincerely, 1 � ' Philip Brito Manager, New ork Airports District Office U. S. Department of Transportation Federa/Aviation Administration SPONSOR: TOWN OF SOLITHHOLD, NEW YORK AIRPORT: ELIZABETH FIELD AIRPORT, FISHERS ISLAND, NEW YORK MASTER AGREEMENT ON TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. DEFINITIONS A. Sponsor - An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project - Work as identified in the Grant Agreement. C. Primary Airport - a commercial service airport the Secretary of Transportation determines to have more than 10,000 passenger boardings each year. II. GENERAL CONDITIONS A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration under the Title 49 U.S.C.. B. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the Sponsor. MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the Sponsor on or before 60 days after the grant offer but no later than September 30 of the federal fiscal year the grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. F. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. G. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with a grant agreement. H. If, during the life of the project, the FAA determines that a grant amount exceeds the expected needs of the Sponsor by $5,000 or five percent (5%), whichever is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may increase a grant for an airport development project to cover the amount of the overrun not to exceed 15% percent of the original grant amount. For a grant for non -primary airports to acquire an interest in land, the FAA may increase the grant amount by not more than the greater of the following, based on current creditable appraisals or a court award in a condemnation proceeding , (1) 15% percent of the original grant amount or (2) 25% percent of the total increase in allowable project costs attributable to acquiring an interest in land. FAA will advise the Sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the Sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and grant amount shall constitute an amendment to a Grant Agreement. If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. J. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products which do not comply with the FAA's Buy American clauses to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. K. It is understood and agreed by and between the parties hereto that the Sponsor shall complete this project to provide a safe and usable unit. 2 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS L.. It is understood and agreed by and between the parties hereto that the typewritten description of airport development appearing in Item 11 of the Project Application is hereby deleted and the typewritten description of airport development appearing on Page 1 of the Grant Offer is substituted in its place and stead.. M. Private sponsors shall provide, when requested by the FAA, for an audit of the project to be made at the completion of the grant objective in accordance with accepted standard audit practices. Two copies of that audit shall be forwarded to the FAA. Airports District Office. N. The sponsor agrees to perform the following: 1. Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project together with a description of the services to be provided. C. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing and Materials Standards on laboratory evaluation, referenced in the contract specifications (D 3666, C 1077). d. Qualifications of engineering supervision and construction inspection personnel. e. A listing of all tests required by the contract specifications, including the type and frequency of test to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of tests. f. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary are undertaken. III. ASSURANCES (Airport Sponsors) A. B. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. Duration and Applicability. 3 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights Assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seo.1 C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act - 5 U.S.C. 1501, ee2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seci.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) M. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. P. American Indian Religious Freedom Act, P.L. 95-341, as amended. q Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea.1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea•1 t. Copeland Antikickback Act - 18 U.S.C. 874.1 4 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seg. V. Wild and Scenic Rivers Act, P.L. 90-542, as amended. W. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg.2 X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunityl Executive Order 11990 - Protection of Wetlands Executive Order 11998 - Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction) Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice for Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.) e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).) h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 12 M. 49 CFR Part 26 - Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefitting from Federal financial assistance. 1 o. 49 CFR Part 29 - Government wide debarment and suspension (non -procurement) and government wide requirements for drug- free workplace (grants). P. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction. 1 y1 ASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non -Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. 0 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 7 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 8. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 9. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 10. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 11. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 12. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. 9 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, 10 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of ae aeronautical activities, including commercial aeronautical activities offering s services to the public at the airport. In any agreement, contract lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly disriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondisriminatory discounts, rebates or other similar types of price reductions to volume purchasers. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed - based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. 11 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 22. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 23. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 12 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 26. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 13 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 27. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 28. Airport Layout Plan. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 29. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 30. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the 14 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (b) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 31. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 32. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 33. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 34. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance 15 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 35. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 36. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non discrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS Updated on: 7/1/99 The following apply to both AIP and PFC Proiects NUMBER TITLE 70/7460-1 J Obstruction Marking and Lighting 150/5000-13 Announcement of Availability— RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5210-513 Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210-713 Aircraft Fire and Rescue Communications 150/5210-13A Water Rescue Plans, Facilities, and Equipment 150/5210-14A Airport Fire and Rescue Personnel Protective Clothing 150/5210-15 Airport Rescue & Firefighting Station Building Design 150/5210-18 Systems for Interactive Training 16 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 17 of Airport Personnel 150/5210-19 Driver's Enhanced Vision System (DEVS) 150/5220-413 Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10B Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150/5220-13B Runway Surface Condition Sensor Specification Guide 150/5220-16B Automated Weather Observing Systems for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 Airport Snow and Ice Control CHG 1 Equipment 150/5220-21A Guide Specification for Lifts Used to Board Airline Passengers With Mobility Impairments 150/5300-13 Airport Design CHG 1, 2, 3, 4, 5 150/5300-14 Design of Aircraft Deicing Facilities 150/5320-5B Airport Drainage 150/5320-6D Airport Pavement Design and Evaluation 150/5320-12C Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-16 Airport Pavement Design for the Boeing 777 Airplane 150/5325-4A Runway Length Requirements for CHG 1 Airport Design 150/5340-1 G Standards for Airport Markings 17 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT EMENT PROGRAM GRANTS 150/5340-4C Installation Details for Runway CHG 1 &2 Centerline Touchdown Zone Lighting Systems 150/5340-513 Segmented Circle Airport Marker CHG 1 System 150/5340-14B Economy Approach Lighting Aids CHG 1 &2 150/5340-17B Standby Power for Non -FAA Airport Lighting Systems 150/5340-18C Standards for Airport Sign CHG 1 Systems 150/5340-19 Taxiway Centerline Lighting System 150/5340-21 Airport Miscellaneous Lighting Visual Aids 150/5340-23B Supplemental Wind Cones 150/5340-24 Runway and Taxiway Edge CHG 1 Lighting System 150/5340-27A Air -to -Ground Radio Control of Airport Lighting Systems 150/5345-3D Specification for L821 Panels for Remote Control of Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7D Specification for L824 CHG 1 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26B Specification for L823 Plug and CHG 1 & 2 Receptacle, Cable Connectors 150/5345-27C Specification for Wind Cone Assemblies 150/5345-28D Precision Approach Path CHG 1 Indicator (PAP[) Systems 150/5345-39B FAA Specification L853, Runway CHG 1 and Taxiway Centerline Retroreflective Markers 150/5345-42C Specification for Airport Light CHG 1 Bases, Transformer Housings, Junction Boxes and Accessories 150/5345-43E Specification for Obstruction M MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS 150/5345-50 Lighting Equipment 150/5345-44F Specification for Taxiway and CHG 1 Runway Signs 150/5345-45A Lightweight Approach Light 150/5345-52 Structure 150/5345-46A Specification for Runway and 150/5345-53A Taxiway Light Fixtures 150/5345-47A Isolation Transformers for Airport 150/5360-9 Lighting Systems 150/5345-49A Specification L854, Radio Control Equipment 150/5345-50 Specification for Portable Runway CHG 1 Lights 150/5345-51 Specification for Discharge -Type CHG 1 Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators (GVGI) 150/5345-53A Airport Lighting Equipment (including addendum) Certification Program 150/5360-9 Planning and Design of Airport Terminal Facilities at NonHub Locations 150/5360-12A Airport Signing & Graphics 150/5360-13 Planning and Design Guidance CHG 1 for Airport Terminal Facilities 150/5370-2C Operational Safety on Airports During Construction 150/5370-10A Standards for Specifying CHG 1, 2, 3, 4, 5, 6, 7, 8, 9 Construction of Airports 150/5390-2A Heliport Design 150/5390-3 Vertiport Design The following apply to AIP Proiects only NUMBER TITLE 150/5100-14C Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5200-30A Airport Winter Safety and CHG 1 &2 Operations 150/5200-33 Hazardous Wildlife Attractants On or Near Airports 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370-11 Use of Nondestructive Testing 19 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS CHG 1 Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-613 Construction Progress and Inspection Report -Airport Grant Program The following apply to PFC Projects only NUMBER TITLE 150/5000-12 Announcement of Availability - Passenger Facility Charge (PFC) Application (FAA Form 5500-1) 20 ACCOUNTING & FINANCE DEPT. John A. Cushman, Town Comptroller Telephone (631) 765-4333 Fax(631)765-1366 E-mail: accounting@town.southold.ny.us o�oSUFFoc,��oG O C4 = oy� • o�� TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR FAX COVER SHEET TO: Phil Knauff, FIFD FROM: John Cushman, Town Comptroller DATE: October 26, 2001 PAGES: 2 (including cover) RE: FAA 2002 AIP Program — Fishers Island Airport MESSAGE: With regard to the attached, please advise how we should proceed. cc: Town Board TOWN HALL ANNEX Feather Hill, Building 10 620 Traveler Street P.O. Box 1179 Southold, NY 11971-0959 0 r - L �4W U. S. Department of Transportation Federal Aviation Administration Mrs. Jean W. Cocharn Supervisor Town of Southold Main Road Southold, N.Y. 11971 New York Airports District Office 600 Old Country Rd, Suite 446 Garden City, New York 11530 Telephone: 516-227-3800 Fax: 516-227-3813 October 22, 2001 Dear Mrs. Cocharn: RE: FY -2002 AIP Program Fishers Island Airport, N.Y. In anticipation of the passage of an AIP appropriation bill for Fiscal Year 2002, we are reviewing our proposed program for this fiscal year. We would appreciate your review and concurrence with the projects and funding listed below. Approximate Available Entitlement funds: Non -primary Entitlement Funds FY -02 .......................................$150, 000 Carry-over from FY -01 or prior ......................................................$150, 000 Passenger Entitlement Funds FY -02 ............................................. Carry-over from FY -01 or prior ...................................................... Cargo Entitlement Fund FY-02............................................................ Carry-over from FY -01 or prior ...................................................... As you know, state apportionment and discretionary funds may be available to fund projects on a priority basis. After reviewing your Five Year Airport Capital Improvement Plan (ACIP) and consulting with the New York State Department of Transportation, we have identified the following items of development at the subject airport for probable funding this fiscal year under the Airport Improvement Program (AIP): PROJECT FEDERAL FUNDS* ENVIRONMENTAL STATUS** Install Perimeter Fencing $300,000(NP) Needs EA * Please note that there is a preliminary indication of funding type, (NP) for non -primary entitlement, (E) for passenger entitlement, (C) for cargo entitlement, (ST) for state apportionment and (D) for discretionary funds, however, this does not represent any form of funding commitment. ** Please note that this recommendation is based on the brief description of the project above. Please call Ms. Maria Stanco at (516) 227-3808, when more project details are known, to confirm that you are preparing fbe appropriate environmental form. : �ff � 6666 �T C- x Please review the proposed projects listed above, and contact your NYADO representative as soon as possible to advise whether you concur with the project and the estimated amount. PROJECT DOCUMENTATION To retain the good funding prospects of the above development, you must submit the following ACIP attachments by December 1, 2001, if you have not already forwarded them with your ACIP submittal. • A sketch of the project • A project narrative statement and justification • Project cost estimate • Intergovernmental Review: Submit project notice to the appropriate local governmental entities for comment. ENVIRONMENTAL DOCUMENTATION By January 2, 2002, you must submit the appropriate environmental document: Environmental Evaluation Form A, B, C or an Environmental Assessment. Forms are available at http://www.faa.gov/arp/aea. We hope to issue Grant Offers for the development listed above in time for the 2002 construction season. To accomplish this we must have your continued cooperation. To recap, • Immediately review the proposed projects and contact your NYADO rep • By December 1, 2001 send in the project documentation 0 • By January 2, 2002 send in your environmental review for each project. Should you have any questions, please contact your NYADO representative. Sincere], Philip Brifo Manager New York Airports Di rict Office i GREGORY F. YAKABOSKI h,1► Gy TOWN ATTORNEY c CA = MARY C. WILSON Oifi ASSISTANT TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1889 Fax (631) 765-1823 E-mail: townattorney@southold.org OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Memorandum To: Elizabeth A. Neville, Town Clerk From: Mary C. Wilson, Esq. Assistant Town Attorney Date: March 27, 2001 Re: Original Contract Documents Application FY2001— Elizabeth Airport improvements Attached please find the following: ❖ Five (5) copies of Final Application for Federal Assistance FY2000 ($150, 000.00) signed by Supervisor Cochran ❖ Resolution No. V-156 ❖ Transmittal letter dated 1112101 to R. Philip Knauff from CSS Companies Please see that the documents are forwarded to the appropriate parties and retain a copy for your file. Thank you. /md attachments 14 OMB Approval No. 0348-00 APPLICATION FOR 2. DATE UB D APPLICANT IE IFI R FEDERAL ASSISTANCE 01/11/2001 211 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE STATE APPLICANT IDENTIFIER Application Preappllcatlon Construction El Construction 0913. 4. UATE RECEIVED BY FEDERAL AGENCY FEDERAL IDENTIFIER OX Non -Const. F—] Non -Const. 3-36-0029- 5. APPLICANT INFORMATION Legal Name: ORGANIZATIONAL UNIT: Town of Southold Fishers Island Ferry District Address (give city, county, state, and zip code) NAME AND TELEPHONE NUMBER OF THE PERSON TO BE CONTACTED ON MATTERS INVOLVING THIS APPLICATION (give area code): Town Hall P.O. Box 1179 R. Philip Knauff Southold, NY 11971 (631) 788-7463 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 0 3 3 0 7 7. TYPE OF APPLICANT (enter appropriate letter In box): D A. State H. Independent School Dist B. County I. State Controlled Institution of Higher Learning C. Municipal J. Private University 8, TYPE OF APPLICATION: D. Township K Indian Tribe 0 New 0 Continuation 0 Revision E. Interstate L. Individual F. Intermunicipal M. Profit Organization If Revision, enter appropriate letters) in box(es): O F-1 G. Special District N. Other (S eci ) A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other (Specify): 9. NAME OF FEDERAL AGENCY: Federal Aviation Administration New York Airports District Office 10. CATALOG OF FEDERAL DOMESTIC 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: ASSISTANCE NUMBER: 1 2 0 0 1 0 6 TITLE: Airport Improvement Program (AIP) Terminal Apron - Phase 1 12. AREAS AFFECTED BY PROJECT (ckles, countles, states, etc.) Fishers Island 13. PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 2nd 2nd 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a Federal $ UU a. YES XD This Preapplication/Application Was Made Available To The State Executive Order 12373 Process For Review On Date: submitted 01/11/01 b Applicant $ .00 c State $ .00 b. NO Program Is Not Covered By E.O. 12373 d Local $ .00 Or Program Has Not Been Selected By State For Review e Other $ .00 f Program Income $ UU 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? F-1 Yes. If "Yes," attach an explanation. XD No g TOTAL $ .00 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a Typed Name of Authorized Representative b Title c Telephone number Jean Cochran Town Supervisor (631) 765-1889 d Signature of Authorized Representat e e Date Signed Previous Editions Not Usable `/ sianaard Form 424 (ncv 4-88) Prescribed by OMB Circular A-102 Authorized for Local Reproduction 10 'DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMS NO. 60-RO1R4 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No .................. 20.106 2. Functional or Other Breakout ........................... SECTION B - CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $5,000 2. Preliminary expense $0 3. Land, structures, right-of-way $0 4. Architectural engineering basic fees $156,667 5. Other architectural engineering fees $0 6. Project inspection fees $0 7. Land development $0 8. Relocation Expenses $0 9. Relocation payments to Individuals and Businesses $0 10. Demolition and removal $0 11. Construction & project improvement $0 12. Equipment $0 13. Miscellaneous $5,000 14. Total Lines 1 through 13 $166,667 15. Estimated Income if applicable) $0 16. Net Project Amount Line 14 minus 15 $166,667 17. Less: Ineligible Exclusions $0 18. Add: Contingencies $0 19. Total Project Amt.(Excluding Rehabilitation Grants $166,667 20. Federal Share requested of Line 19 90.00% $150,000 21. Add Rehabilitation Grants Requested 100 Percent $0 22. Total Federal grant requested Lines 20 & 21 $150,000 23. Grantee share 5.00% $8,334 24. Other shares 5.00% $8,333 25. Total project Lines 22, 23 & 24 $166,667 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100 - 10 PAGES 1 THRU 7 Page 4 DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION O M B N O. 80-R O 184 FAA Form 5100-100 (8-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 FAA AC 75.0232 SECTION C - EXCLUSIONS Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) 1 26 a. b. C. d. e. f. Total SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27 Grantee Share a. Securities b. Mortgages c. Appropriation (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) h. TOTAL - Grantee share 5.00% $8,334 28. Other Shares a. State 5.00% $8,333 b. Other c. Total Other Shares 29. TOTAL $16,667 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach -See Instructions) FAA Form 5100-100 (8-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 5 FAA AC 75.0232 PART IV: PROGRAM NARRATIVE F'isher's Island — Elizabeth Field Project Narrative Statement Terminal Apron — Phase I Descriution: This project includes Phase I of a new Terminal Apron. Justification: The existing Terminal Apron is in poor condition and requires reconstruction, however because the existing apon is located in the Runway Safety Area, it is necessary to construct a new apron. Consistency with ALP/FAA Standards This project is recommended in the Airport Master Plan and appears on the e x i( i ng Airport Layout Plan. Consultation with Users Fisher's Island Ferry District confirm that Operators at Elizabeth Field have been consulted and are aware of the proposed development project. Displaced Persons Statement The airport project proposed in this aid application does not involve the displacement or relocation of persons residing on land needed for such development. Specific Opposition Statement Fisher's Island Ferry District is not aware of any significant community opposition to the proposed project. EDRk5TR2AN AVE i i SILVER EEL COVE too J {�_ FI%ERS ISLAND ROAD TRJ6U L DRIVE O J / Y ePAINBC a ♦ ® /TENNIS ^ /, TENNIS 1 0 /;• f�\\ � � —QED i��L� . --� % � ll ETS 1Ec Dur —S/ 1 APRON EXISTING RMAY PROTECTION ZONE 00 PLANNED CHANGE) / EXISTINGG 4p _ iii % � RELOCATED r THRESHOLD WIND cow NEN T=STATE PLANE COORDINATE VALUES OCATED — --_ -' $ 9� NORTH EAST THRESHOLD - - x . `-�--�_� \/•.� EXISTING RUNWAY PROTECTION - AIRP i 9.156 ZONE 010 PLANED CHANGE) BIN Q NGEND UPAY�T. 380262534 253 380141025 9 42.6 0 d r ' — — _ / 91N 30 END PAV'T. 379794.076 2542512.384 10 07 END PAV'T. 379618.274 2540199.670 �%— �;o — — _ WX 25 END PAV'T. 380653.373 2541990.057 // �-'�-- // \_ (� GRID IS BASED ON NEN YORK STATE PIANS �� — COORDINATE SYSTEK LONG ISLAND ZONE�{ RELOCATED THRESHOLD . AREA c 195 ACRES (TITLE IN FEE) i BLOCK ISLAND SOUND T. .� FUNDING LEGEND _ PAVED ROAD $ I --- DIRT ROAD - - � BuILDO¢ ----- COAST LINE �•N^' PROPERTY LINE ROTA DOL*QART 200 2 I T. Zoo LAND ACOUISITI�i TABLE PARCEL REVISIONS TONIN of SOUTHOID FISHERS ISLANO.NEN YORK ELIZABETH FIELD AIRPORT BY DATE C)IAN((6 filAlfTgt �pssjTE � � AOE'1Cf DESIGNED: DE ORA RN: JC7 1 i UILrm STafES a upHjta afwT% 16 OLA 4/VIiR REVISIONS TONIN of SOUTHOID FISHERS ISLANO.NEN YORK ELIZABETH FIELD AIRPORT BY DATE C)IAN((6 AIRPORT PROPERTY MAP DESIGNED: DE ORA RN: JC7 SHEET I OF CHECXED: GE DATE: FEBRUARY, 1991 PROJECT FILE N0.:20.00I.00H CaOD FILE NO.: 46 �u00i ��,- �abceri�s 8 Spina r Q U.S. Department of Transportation Federal Aviation Administration RECEIVED APR 14 1997 Southold Town Clock Memorandum Subject: ACTION: Required Annual Reports Due to the Date: April 11, 1997 Civil Rights Staff for Each Fiscal Year (October 1 st - September 30th) Reply to From: Manager, Airports External DBE/ADA Attn. of: Compliance Programs, AEA -9 To: Airport Sponsors/Recipients In order to help you assist us more efficiently, the following memo has been prepared to remind you of the annual reports, which are due to this office each fiscal year (October 1st - September 30th): 1) Report of DBE Goal Accomplishments, DOT F Form 4630 - Each obligated airport sponsor is required to complete the subject form and submit to this office NLT October 1st each fiscal year, for the prior fiscal year. Please note in order for this form to be completed properly, Box 10b, 12 total and 13 total must all be the same figure. Also, the information contained in Box 13 must be disseminated among the various groups. 2) Report of Certified DBE Contractors Used on FAA - Assisted Contracts Firms - All obligated sponsors should include all types of FAA - Assisted Contracts in which DBE's participated, including construction, professional services, supplies and equipment. These reports are due in this office NLT November 28, each fiscal year, for the prior fiscal year. 3) DBE Program Update - This report is due in this office NLT September 1st each year reflecting your updated DBE percentage goals for construction and professional services. Additionally, primary airports must also include their proposed DBE participation percentage goals in concessions. 4) Concession Reports - (Only Primary Airports - 10.000 enplanements or more) - This report has three portions and all are due in this office by February 15th each year (not to be confused with you DBE Program Update) a. Summary Accomplishment Report - includes only the gross receipts earned by concessionaires or net payment to the airport. Please include gross receipts from all DBE and non -DBE concessions, including airport hotels and car rentals. 2 b. Report of Certified DBE Concessions Counted Toward Goals - All obligated sponsors are required to complete subject form. c. Also, on white bond paper, please report: 1 - Gross receipts earned by all concessionaires (sum of Actual Gross Receipts "reported on annual Accomplishment Report"). 2 - Gross receipts earned by all DBE concessionaires (sum of "$ DBE" column reported on "Accomplishment Report"). 3 - Percentage of DBE participation. 4 - Total number of auto rental concessions. 5 - Number of DBE auto rental concessions. 6 - Gross receipts earned by DBE auto rental concessions (as reported under I DBE" column on "Accomplishment Report" for firms identified as auto rentals under "Business Type"). Please review this memo, prepare the required reports and submit them to this office on or before the required deadline date. We greatly appreciate your cooperation and thank you for the timely submission of the aforementioned reports. If additional information is required, please feel free to contact me on (718) 553- 3299. (i array M. Gottlieb ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 28, 1998 Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue, Room 305 Valley Stream, New York 11581 Dear Mr. Brito: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Please be advised that the Southold Town Board adopted a resolution at their regular meeting held on October 27, 1998 authorizing the execution of Revision #1 to the Airport Improvement Program Master Agreement. A certified copy of that resolution is enclosed, together with a fully executed copy of the agreement. If you need any further copies, please contact my office at 516 765-1800. Very truly yours, 61 Elizabeth A. Neville Southold Town Clerk Enclosure cc: Town Comptroller ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER ro %\'fFOL,- OGy CM NPry 2 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 27, 1998: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Jean W. Cochran to execute Revision Number One (1) to the Airport Improvement Program Master Agreement on Terms and Conditions of Accepting Airport Improvement Program Grants, as required by the U.S. Department of Transportation, Federal Aviation Administration, for incorporation into every Grant Agreement executed after October 1, 1998 for Elizabeth Field, Fishers Island, New York, said agreement and revision all in accordance with the approval of the Town Attorney. I Amq /% 74040 izabeth A. Neville Southold Town Clerk October 27, 1998 U. S. Department of Transportation federa/Aviation Administration Revision #1: October 1, 1998 SPONSOR: Town of Southhold, New York AIRPORT: Elizabeth Field, Fishers Island, New York MASTER AGREEMENT ON TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. DEFINITIONS A. Sponsor - An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. B. Project - Work as identified in the Grant Agreement. C. Primary Airport - a commercial service airport the Secretary of Transportation determines to have more than 10,000 passenger boardings each year. II. GENERAL CONDITIONS A. The allowable costs of the project shall not include any costs determined by the FAA to be ineligible for consideration under the Title 49 U.S.C.. B. Payment of the United States' share of the allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The Sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the Sponsor. E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the Sponsor on or before 60 days after the grant offer but no later than September 30 of the federal fiscal year the grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. 1 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision f11: October 1 1998 F. The Sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. G. The United States shall not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with a grant agreement. H. If, during the life of the project, the FAA determines that a grant amount exceeds the expected needs of the Sponsor by $5,000 or five percent 15%I, whichever is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may increase a grant for an airport development project to cover the amount of the overrun not to exceed 15% percent of the original grant amount. For a grant for non -primary airports to acquire an interest in land, the FAA may increase the grant amount by not more than the greater of the following, based on current creditable appraisals or a court award in a condemnation proceeding , (1)15% percent of the original grant amount or (21 25% percent of the total 'increase in allowable project costs attributable to acquiring an interest in land. FAA will advise the Sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligatnon of the United States is adjusted to the amount specified. In addition, the Sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and grant amount shall constitute an amendment to a Grant Agreement. I. If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment may be used It is understood and agreed that the sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. J. Unless otherwise approved by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. K.. It is understood and agreed by and between the parties hereto that the Sponsor shah complete this project to provide a safe and usable unit. L It is understood and agreed by and between the parties hereto that the typewritten description of airport development appearkV in Item 11 of the Project Application is hereby deleted and the typewritten description of. airport development appearing on Page 1 of the Grant Offer is substituted in its place and stead.. M. Private sponsors shall provide, when requested by the FAA, for an audit of the project to be made at the completion of the grant objective in accordance with accepted standard audit practices. Two copies of that audit shall be forwarded to the FAA. Airports District Office. 2 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 1 1998 III. ASSURANCES A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shag be no limit on the duration of the assurance against exclusive rights or the terms, conditions and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. . 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful fife of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planting projects. The tents, conditions, and assurances of the grant agreement shall remain in full force and effect during the fife of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), at sea -1 C. Federal Fair labor Standards Act - 29 U.S.C. 201, !LM - d. Hatch Act - 5 U.S.C. 1501, et sea•2 L Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 True 42 U.S.C. 4601, at sea. 12 f. National Historic Preservation Act of 1966 -Section 106.16 U.S.C. 470(fl.1 f. Archeological and Historic Preservation Act of 1974 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 90.148, as emended. i. Coastal Zone Management Act, P.L. 93.205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f I) M. Rehabilitation Act of 1973.29 U.S.C. 794. 3 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision qt: October 1 1998 n. Civil Rights Act of 1964 - Title VI.42 U.S.C. 2000d through d4. o. Age Discrimination Act of 1975.42 U.S.C. 6101, et sea. p. American Indian Religious Freedom Act, P.L. 95.341, as amended. q Architectural Barriers Act of 1968.42 U.S.C. 4151, et sea.1 r. Powerplant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sen.1 t. Copeland Antikickback Act -18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et sea.1 V. Wild and Scenic Rivers Act, P.L. 90.542, as amended. W. Single Audit Act of 1984.31 U.S.C. 7501, et sea.2 X. Drug -Free Workplace Act of 1988.41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunityl Executive Order 11990 - Protection of Wetlands Executive Order 11998 - FloodPlain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction) Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. C. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1- Procedures for predetermination of wage rates.) e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.) f 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted constriction (also labor standards provisions applicable to nonconstruction contracts subject to the Contract Work Hours and Safety Standards Act).1 9. 41 CFR Part 60.Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements),I h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments. i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21- Nondiscriminafton in federally -assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by minority business enterprise in Department of Transportation programs. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.) 2 M. 49 CFR Part 27 . Nondiscrimination on the basis of handicap in programs and activities receiving or benefitfmg from Federal financial assistance.) n. 49 CFR Part 29 - Govemmentwide debarment and suspension (non -procurement) and governmentwide requirements for drug-free workplace (grants). o. 49 CFR Part 30 • Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. P. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building construction.) Office of Management and Budget Circulars 4 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 1 1998 2. Hl 4. 5. a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-128 - Audits of State and Local Governments. I These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. . b. Private Sponsor. It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. Good Title. a. It holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. Preserving Rights and Powers. e. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims. of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a raise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terns, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. 5 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 11998 6. 7. 8. 10. 11. C. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. I. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. For noise compatibility program projects, other than land acquisition, to be carried out on property not owned by the airport and over which property another agency has land use control or authority, the sponsor shall obtain from each such agency a written declaration that such agency supports that project and the project is reasonably consistent with the agency's plans regarding the property. Consideration of local Interest it has given fair consideration to the interest of communities in or near where the project may be located. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the *port at which project is proposed. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and emrironmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards.. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shalt be provided within sixty days after the project application has been received by the Secretary. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 11998 program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Recordkeeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six 161 months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shag include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a -276a-51, which contractors shag pay to skilled and unskilled labor, and such minimum rates shag be stated in the invitation for bids and shall be Included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions►, preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title.49, United States Code. However, this preference shad apply only where the individuals aro available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shag subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. 7 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 11998 b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. C. It will include in all published material prepared in connection with the -planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all tines in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily dose the airport for nonaeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical fadlities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, incWmg temporary conditions, and (31 Promptly notrfying airmen of any conation affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conations interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum fright akitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It wig take appropriate action, including the adoption of zoning laws, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or 2 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision pt: October 1 1998 permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make its airport available as an airport for public use on reasonable terms and without unjust discrimination, to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. C. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport; from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fuelmg) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. L The sponsor may prohibit or knrit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the.public. for purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed - based operator to provide such services, and 0 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision N1: October 11998 b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed - based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shag not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion conceming, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any. other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable tames and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, 10 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision +f1: October 1 1998 available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary arld make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that - a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather -reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and 13) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification -thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property for replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property 11 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 1 1998 (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, 1) be paid to the Secretary for deposit in the Trust Fund, or 2) be reinvested in an approved noise compatibility project as prescribed by the Secretary. b. (1) For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (b) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. (2) Land shall be considered to be needed for airport purposes under this assurance if (a) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and N the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. C. Disposition of such land under (a) or (b) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub -contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the some manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications - based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is fisted by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 12 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision q1: October 1 1998 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated 511195 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. 11) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 13 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision aft: October 1 1998 CURRENT FAA ADVISORY CIRCULARS FOR AIP PROJECTS Updated on: 5/1195 NUMBER SUBJECT 7017460-1 H Obstruction Marking and Lighting CHG 1 &2 15015000.13 Announcement of Availibility--RTCA Inc., Document RTCA-221, Guidance and Recommended Requirements for Airport Surface Movement Sensors 15015100.140 Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 15015210-5B Painting, Marking and Lighting of Vehicles Used on an Airport 15015210-713 Aircraft Fire and Rescue Communications 15015210-14 Airport Fire and Rescue Personnel Protective Clothing 15015210-15 Airport Rescue & Firefighting Station Building Design 15015210-18 Systems for Interactive Training of Airport Personnel 15015220.46 Water Supply Systems for Aircraft Fire and Rescue Protection 15015220.1 OA Guide Specification for WaterlFoam Type Aircraft Rescue and Firefighting Vehicles 15015220-13B Runway Surface Condition Sensor Specification Guide 15015220.14A Airport Fire and Rescue Vehicle Specification Guide 15015220.16A Automated Weather Observing Systems for NonFederal Applications 15015220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities 15015220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 15015220-19 Guide Specification for Small, Dual -Agent Aircraft Rescue and Firefighting Vehicles 15015220-20 Airport Snow and Ice Control Equipment CHG 1 15015220.21 Guide Specification for Lifts Used to Board Airline Passengers With Mobility CHG1 Impairments 15015300-13 Airport Design CHG 1, 2,3&4 15015300.14 Design of Aircraft Deicing Facilities 14 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 1 1998 15015300.15 Use of Value Engineering for Engineering Design of Airport Grant Projects 15015320.513 Airport Drainage 15015320.8C Airport Pavement Design and Evaluation CHG 1 &2 15015320.12B Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 15015320-14 Airport Landscaping for Noise Control Purposes 15015325.4A Runway Length Requirements for Airport Design CHG 1 15015340-1G Standards for Airport Markings 15015340-4C Installation Details for Runway Centerline Touchdown Zone Lighting Systems CHG 1 &2 15015340.513 Segmented Circle Airport Marker System CHG 1 15015340.148 Economy Approach Lighting Aids CHG 1 &2 15015340-17B Standby Power for NonFAA Airport Lighting Systems 15015340.18C Standards for Airport Sign Systems CHG 1 15015340.19 Taxiway Centerline Lighting System 15015340.21 Airport Miscellaneous Lighting Visual Aids 15015340.238 Supplemental Wind Cones 15015340-24 Runway and Taxiway Edge Lighting System CHG 1 15015340-27A Air -to -Ground Radio Control of Airport Lighting Systems 15015345.31) Specification for L821 Panels for Remote Control of Airport Lighting 15015345-5A Circuit Selector Switch 15015345.70 Specification for L824 Underground Electrical Cable for Airport Lighting Circuits CHG 1 15015345.10E Specification for Constant Current Regulators Regulator Monitors 15015345.12C Specification for Airport and Heliport Beacon 15015345.13A Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport 15 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #11: October 1 1998 Lighting Circuits 15015345-26B Specification for L823 Plug and Receptacle, Cable Connectors CHG 1 &2 15015345-27C Specification for Wind Cone Assemblies 15015345.28D Precision Approach Path Indicator (PAP[) Systems CHG 1 15015345-39B FAA Specification L853, Runway and Taxiway Centerline Retroreflective Markers CHG 1 15015345-42C Specification for Airport Light Bases, Transformer Housings, Junction Boxes and CHG 1 Accessories 150/5345.43D Specification for Obstruction Lighting Equipment 15015345-44F Specification for Taxiway and Runway Signs 15015345-45A Lightweight Approach Light Structure 150/5345.46A Specification for Runway and Taxiway Light Fixtures 15015345.47A Isolation Transformers for Airport Lighting Systems 15015345.49A Specification 1.854, Radio Control Equipment 15015345.50 Specification for Portable Runway Lights CHG 1 15015345-51 Specification for Discharge -Type Flasher Equipment CHG 1 15015345-52 Generic Visual Glideslope Indicators (GVGI) 15015345-53 Airport Lighting Equipment Cerification Program 15015360.9 Planning and Design of Airport Terminal Facilities at NonHub Locations 15015360-12A Airport Signing & Graphics 15015360-13 Planning and Design Guidance for Airport Terminal Facilities CHG 1 15015370.2C Operational Safety on Airports During Construction 15015370.66 Construction Progress and Inspection Report -Airport Grant Program 15015370.IOA Standards for Specifying Construction of Airports CHG 1, 2, 3, 4, 5, 6, 7,8 15015370.11 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements CHG 1 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision Jit: October 1 1998 15015370-12 Quality Control of Construction for Airport Grant Projects 15015390.2A Heliport Design 15015390-3 Vertiport Design 17 MASTER AGREEMENT TERMS AND CONDITIONS OF ACCEPTING AIRPORT IMPROVEMENT PROGRAM GRANTS Revision #1: October 1 1998 ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in this Master Agreement as part of all Grant Agreements between the Sponsor and the Federal Aviation Administration as provided by Title 49 U.S.C. which are executed subsequent to the date of acceptance of this Master Agreement. Date: October 28, 1998 Name: �� Title: Supervisor. Town of Southold Sponsor: Town of Southhold, New York Airport: Elizabeth Field, Fishers Island, New York �h IC[LfiOl �J STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION ALBANY, N.Y. 12232 JOSEPH H. BOARDMAN GEORGE E. PATAKI ACTING COMMISSIONER GOVERNOR RECEIVED MAR 2 4 1997 March 18, 1997 SoWwAd Town Cleric Airport Sponsors and Consultants: Our recent letter describing changes to the aviation grant program had as an attachment a new reimbursement request form to be used for requesting payment under the streamlined grant process. The form as submitted had omissions to the sponsor certification statement. We are attaching a revised form and ask that you discard the form sent previously. Sincerely, Douglas . Fox, P.E. Statewide Aviation Section Attachment FIN 1941 NEW YORK STATE DEPARTMENT OF TRANSPORTATION AVIATION SERVICES BUREAU GRANTAGREEMENT State Number Federal Number Max State Amount Max Federal Amount In accordance wth the provisions of the Grant Agreement: the Airport Sponsor applies for payment as follows; DESCRIPTION Certificate Number B FEDERAL SHARE J FINANCIAL STATEMENT E CURRENT PROJECT COSTS (C -D) COST OF WORK PERFORMED TO EQUIPMENT (Date) (Date) 1. Total Expended $0.00 2. Less non -participating 0 3. Eligible Cost 0 4. Less Federal Share $0.66- 5. Project Cost $0.00 6. State Share Q 50% SOAR 7. Total Prior Requests $0.00 8. Amount Requested 0 DESCRIPTION A ELIGIBLE COST INCURRED B FEDERAL SHARE C PROJECT COST (A -B) D PRIOR PROJECT COSTS E CURRENT PROJECT COSTS (C -D) F STATE FUNDS REQUESTED (50%of EQUIPMENT LAND CONSTRUCTION ENGINEERING ADMINISTRATION TOTALS As the sponsors Auttiorbed Rapresarhtlw. I haroby eMly Mat the above I dorrraaon Is true and that the kndrg requested is for a prolect approved by the New York State Department of Transportation. The project for sdich Mdrp is being ragwated satlsAas at raquYenwds and the tams and conditions of Ow *baa fated Sate Grant ApreernnR. Additionally, I earthy that according to my WwwWpa and b9W, all tams and amounts shown on this application for payment aro correct, all work has been performed andfor all materials supplied, and federal reimbursement has been received (Sea NtaeMnent). NEW YORK STATE USE Approved Amount $ Dear Airport Sponsor: • On November 1, 1996, the Department of Transportation (DOT) published a final rule in the Federal Register amending 49 CFR Part 27, its regulation implementing Section 504 of the Rehabilitation Act of 1973 (Section 504). We have enclosed the Federal Register, Vol. 1, No. 213, pp. 56409 through 56425 and a summary sheet of the significant changes. The amended regulation was effective December 2, 1996. Please note that as amended, the rule requires two actions on the part of a commercial service airport, which is defined as a commercial service airport for purposes of the Airport Improvement Program and that enplanes annually 2500 or more passengers and receives schedule passenger service of aircraft. a. Section 504 required airport sponsors to submit a transition plan to the Federal Aviation Administration (FAA) detailing the results of a review of the airport facility's accessibility for individuals with disabilities. That plan was to be submitted to FAA in 1980. The amended rule stipulates that. airports which did not comply with this requirement, must now submit a transition plan to FAA by March 3. This transition plan must review the airport facilities against the standards of the Americans with Disabilities Act Accessibilities Guidelines (ADAAG) found at Appendix A to 49 CFR Part 37 or Appendix A to 28 CFR Part 36. We have no record on file that indicates that you submitted a transition plan to either this office or any other office within the FAA. Therefore, by March 3, please provide to us a copy of one of the following: • Verification that the airport conducted and implemented a transition plan in accordance with 49 CFR Part 27. Verification could include a copy of the original transition plan or a description of the changes that were made to ensure accessibility for disabled individuals and the approximate dates: that the changes were made. • Verification that the airport conducted and implemented a transition plan in accordance with Department of Justice (DOJ) regulations 28 CFR Part 35 implementing the Americans with Disabilities Act (ADA) of 1990. 28 CFR Section 35.150(d) required public airports that did not develop transition plans in accordance with 49 CFR Part 27 to develop plans by July 26, 1992. • A current transition plan and implementation schedule in accordance with 49 CFR Section 27.71(g). This section of the regulation refers to 49 CFR Section 27.65(d), which is no longer in the published regulation. Airport sponsors should use the criteria for developing a transition plan in accordance with 28 CFR Part 35. Given that all airport sponsors should already have completed and implemented a transition plan under either Section 504 or the ADA, the implementation schedule for achieving compliance should be as expeditious as possible. b. By September 2, airports must enter into written agreements with each air carrier serving the airport allocating responsibility for meeting the boarding assistance requirements of the amended regulation. These agreements shall include specific timeframes for providing the necessary boarding assistance devices and shall ensure that all lifts and other equipment are maintained in properworking condition. The airport is responsible for training airport personnel on the use of this equipment and appropriate boarding assistance procedures in the event they are involved in providing the assistance. While airports are not required to submit these agreements to FAA, we request that you notify us when the agreements have been negotiated and signed. In a separate matter, unrelated to these regulatory changes, the National Council on Disability recently issued a report which includes "Recommendations for the Department of Transportation." It outlines areas which may need additional attention based on studies that it conducted in the public and private sectors. One of the recommendations, the provision of accessible public phones for both voice and TTY, specifically relates to airports. The Council's recommendation is that airports ensure "accessible public phones (voice and TTY) that accept all forms of payment (including coins) in every phone bank within each concourse at airports ... and that connect with other phone systems, including providing access to 411, relay services and emergency numbers." 49 CFR Section 27.71(a)(vi) requires that "wherever there are public telephone centers in terminals, at least one clearly marked telephone shall be equipped with a volume of control or sound booster device and with a device available to handicapped persons that makes telephone communication possible for persons wearing hearing aids." 49 CFR Section 27.71(a)(vii) requires "Each airport shall ensure that there is sufficient teletypewriter (TTY) service to permit hearing impaired persons to communicate readily with airline ticket agents and other personnel." 49 CFR Section 27.19 requires sponsors to comply with the applicable regulations implementing the ADA. The DOJ regulation implementing Title II of the ADA includes the following provisions concerning TTY's. • A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity (28 CFR Section 2 3.. 35.160) The definition of auxiliary aids includes TDD's (28 CFR Section 35.104). • Where a public entity communicates by telephone with applicants and beneficiaries, TDD's or equally effective telecommunication systems shall be used to communicate with individuals with impaired hearing or speech (28 CFR Section 35.161). • Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDD's and computer modems (28 CFR Section 35.162). Finally, enclosed is a Notice of Proposed Rulemaking (NPRM) published in the November 1 Federal Register, which would amend the DOT's Air Carrier Access Act regulations at 14 CFR Part 382 (61 F.R. 56481). The notice concerns seat assignments, storage of collapsible wheelchairs, provisions for passengers with hearing impairments, and accessible smoke-free paths through airports for persons with severe respiratory disabilities. Comments were requested by January 30, but late -filed comments will be considered to the extend practicable. The address for comments is included in the NPRM. If you have questions concerning any of the information provided in this letter or the enclosures, please call me at (718) 553-3299 or (718) 553-3295. Sincerely, Murray M. Gottlieb Manager, Airports External DBE Compliance Programs Enclosures Changes to the Department of Transportation's Section 504 Regulations at 49 CFR Part 27 Section 504 of the Rehabilitation Act of 1973, as amended (Section 504), prohibits recipients of Federal financial assistance from discriminating against persons with handicapping conditions. On November 1, 1996, the Department of Transportation (DOT) published a final rule in the Federal Register amending 49 CFR Part 27, its Section 504 regulation (61 F.R. 56409). The changes were effective December 2, 1996. A summary and brief discussion of the major changes follow. This summary is a general overview; it does not substitute for a thorough review of the amended regulation, including the Supplementary Information preceding it. 1. "Handical" v. "Disability" 49 CFR Part 27 is now consistent with the language of the Americans with Disabilities Act (ADA). Wherever the word "handicap" appears, including in the title of the rule, it is revised to read "disability". 2. 49 CFR Section 27.5. Definitions The definition of "Air Carrier Airport" has been removed. In its place is a definition for "Commercial Service Airport," an airport that enplanes annually 2500 or more passengers and receives scheduled passenger service of aircraft. Changes to 49 CFR Section 27.71 are applicable to commercial service airports. 3. 49 CFR 27.71. Airport Facilities Section 27.71(a) clarifies that the section applies to terminal facilities, including parking and ground transportation facilities, owned, leased or operated by commercial service airports. 49 CFR Section 27.71(b) clarifies that airport operators will be in compliance with the Section 504 obligation to have terminal facilities and services readily accessible to and usable by individual with disabilities if they meet the requirements of the Department of Justice (DOJ) regulations implementing Title II of the ADA at 28 CFR Part 35. Under 49 CFR Section 27.71(c), airports must ensure that there is an accessible path between the gate and the area from which aircraft are boarded. For example, if stairs must be negotiated from the gate to the aircraft boarding area, it is the airport operator's responsibility to ensure that a disabled passenger can move through the airport to the means of boarding the aircraft. 49 CFR Section 27.71(d) clarifies that inter -terminal transportation systems, including shuttle vehicles and people movers, must comply with DOT's ADA rules at 49 CFR Parts 37 and 38. J. 49 CFR Section 27.71(e) provides that the accessibility standard to be used for airport facilities is the Americans with Disabilities Act Accessibility Guidelines (ADAAGs), including section 10.4 which specifically concerns airport facilities.° The Uniform Federal Accessibility Standard (UFAS) is no longer an optional standard for commercial service airports. The FAA interprets this change to be applied in the following manner. • Construction begun before January 26, 1992, that is in compliance with UFAS does not need to be modified to comply with the ADAAG. • Construction begun before January 26, 1992, that is not in compliance with either UFAS or the ADAAG, must now comply with the ADAAG. • All design and construction begun after December 2, 1996, must comply with the ADAAG. 49 CFR Section 27.71(f) clarifies that leases or contracts between airport operators and air carriers concerning the use of airport facilities shall define the respective responsibilities for providing accessible facilities and services to individuals with disabilities. This provision requires that the overlapping obligations under the ADA and the ACAA be spelled out in these contracts. 49 CFR Section 27.71(g) requires airport operators who have not previously complied with the requirements of 49 CFR Section 27.65(d), must submit a transition plan to FAA no later than March 3, 1997. 49 CFR Section 27.65(d) was deleted in a previous amendment to the regulation. Therefore, airport sponsors shall use the transition plan criteria included in 28 CFR Section 35.150(d). 4. 49 Section CFR 27.72 Boarding assistance for small aircraft. This is a new section which clarifies existing 49 CFR Section 27.71(b)(4) requiring airports to "assure that adequate assistance is provided incident to enplaning and deplaning disabled passengers." Air carriers under the ACAA have similar obligations. 49 CFR 27.72 requires airports with 10,000 or more annual enplanements to sign a written agreement with each carrier serving the airport by September 2, to provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other devices that do not require employees to lift or carry passengers up stairs for aircraft that have a 19-30 seat capacity. The agreement does not need to include larger aircraft, because existing provisions of 14 CFR 382.39(a)(1)-(3) remain in affect without change (see Final Rule Supplementary Information, p. 56414). The agreement does not need to be submitted to DOT, but it must be made available upon request. Depending upon the airport's enplanement activity, the agreement must provide that all actions necessary to ensure accessible boarding for passengers are completed by the following dates. The airports and the air carriers are jointly responsible for meeting these dates (49 CFR Section 27.72(c)(2)). Airport Category. Large/medium hubs Small hubs Non -hub primaries Enplanements .., .1,200,000 or more 250,000 to 1,199,999 10,000 to 249,999 Aareement Date - December 2, 1998 December 2, 1999 December 4, 2000 The agreement must also ensure that all lifts and other accessibility equipment are maintained in proper working order (49 CFR Section 27.72(c)(5)). In addition, if airport personnel are involved in providing boarding assistance, the airport must provide training in the use of the equipment and appropriate boarding assistance procedures (49 CFR Section 27.72(d)). Boarding assistance by lifts, ramps, or other devices is not required under the following circumstances (49 CFR Section 27.72(c)(3)): • Aircraft with a capacity of fewer than 19 or more than 30 seats; • Float planes; • The following 19 -seat capacity aircraft models: Fairchild Metro Jetstream 31 Beech 1900 (C and D models) Any other 19 -seat model determined by DOT Finally, when boarding assistance by lifts, ramps or other devices cannot be provided for reasons beyond the control of the parties to the agreement, boarding assistance shall be provided by any available means to which the passenger consents, except hand carrying which is not allowed (49 CFR Section 27.72(c)(4)). 5. 49 CFR Section 27.77 Recipients of Essential Air Service Subsidies This is a new section that clarifies that air carriers receiving assistance under the Essential Air Service program are considered recipients of Federal financial assistance and must comply with the applicable requirements of the Department's Section 504 and ACAA regulations. 3 Achieving Independence: The Challenge for the 21st Century A Decade of Progress in Disability Policy Setting an Agenda for the Future RECOMNMNDATION S FOR 'I' . DERARTMENT OF TRANSPORTATION r - NATIONAL COUNCIL ON DISABILITY July 26, 1996 From the Section on Transportation Recommendations While the accessibility of public transportation has increased considerably in the last decade, numerous barriers remain. People with disabilities are far from being able to assume that the transportation they need will be accessible to and usable by them. Too often lifts on buses do not work or drivers will not operate lifts or call stops for people with visual impairments. Safetv restraints for new -model wheelchairs are. lacking and contrasts on steps for people with low vision are inadequate. People with hearing disabilities are frustrated by lack of communication access. Many people with disabilities do not live in areas served by public transportation and thus rely on private vehicles. Because of the additional expense of adapting a vehicle and the general low level of income of people with disabilities, buying a car may be difficult. Yet without a car, they are unable to get to a job or otherwise participate in community activities. People with disabilities continue to confront discrimination on airlines. Lack of awareness of airline staff often contributes to problems. Sometimes people with disabilities are unaware of their rights in relation to airline travel and complain that DOT does little to enforce the Air Carriers Access Act General Public Transit Improvements 1. Federal, state and local governments should provide additional funding for public transit systems. The level of access to public transportation for people with disabilites is directly related to the quality and expansiveness of the public transit system in general. Thus, the first step in enhancing access is improving public transit systems generally. Additional funding from the Federal Government should include both operating and capital funds, including flexible capital, in order to expand public transit in urban, suburban and rural areas, as well as tribal lands. Enforcement of Current Law Z. DOT and relevant state and local government entities should aggressively enforce existing transportation statutes and regulations related tq people with disabilities, by undertaking the following: a) prompt referral of violators for appropriate action; b) systematic solicitation and utilization of input from the disability comm' unity when making decisions regarding funding, enforcement, paratransit planning and time extensions; c) ongoing meaningful public participation by people with disabilities in all projects and decisions of local transit agencies; d) improving fixed -route service through full compliance with ADA requirements such as calling out stops, providing te=. aI/Msual (print or electronic) access for people with hearing disabilities, not moving the bus until the person is seated, picking up all disabled people rather than passing them by, clearing priority 9_ seating when needed by someone with a disability, curbing the bus so people can get on, improving drivers' attitudes and disciplining drivers who do not comply; e) improved coordination by relevant entities to make bus stops more accessible, including removal of both permanent barriers and temporary barriers such as snow drifts; fj ensuring compliance with A.D.A. requirements (including eligibility and service. area requirements), even if politically difficult, so that paratransit is available to those users with disabilities who will never be able to use fixed -route services; g) ensuring that fixed -route information is provided in paratransit pians so these plans will constitute full ADA pians. Rural Transportation 3. The Congress and the Federal Government should fund more accessible rural transit services for the general public and for people with disabilities, including intercity rail services. Coordination 4. DOT, in conjunction with other relevant federal agencies such as the Department of Health and Human Services, should develop a mechanism and a process to facilitate coordination of transportation resources at the federal, state and local levels. Many human services agencies buy vans to transport clients, including those with disabilities, to and from services. 'hese agencies rarely coordinate with transportation entities that provide related transportation services, such as paratransit. Human services vans sometimes sit idly for extended periods of time, while people with. disabilities in the same community have difficulty accessing public transportation. In addition, Section 9 and Section 18 transportation providers --generally urban and rural providers—are prohibited from picking up residents outside their designated areas, even though they may drive directly through adjacent areas while transporting someone. Coordination efforts should seek to eliminate inefficiencies such as these in current transportation systems by promoting initiatives such as agreements between urban and rural providers to pick up passengers in each other's areas when logical to do so. In addition, there are many people residing in "gray areas," or areas served by neither urban nor rural transit. These are most often communities in urbanized areas that have not signed on with the regional transit system. However, the regional transportation provider's funding allocation includes the population residing in the unserved areas. Coordination should ensure that these people are served by some public transit system. Communications Accessibility 5. DOT and DOJ should enhance enforcement of A.DA and the Air Carriers Access :pct and develop additional initiatives to ensure communications accessibility in transportation facilities, services and vehicles, as well as on streets and highways, including a) improved signage for people with visual impairments: b) calling out bus stops for people with visual impairments; c) identifying which bus is on which route for people with visual impairments; d) ensuring the provision of way -finding information in transit stations, such as detectable warnings; e) ensuring the provision of visual (text) public announcement/paging systems that provide information on changes in times of departures or gates, seating upgrades, and weather or mechanical problems, and that call out bus or train stops; f) ensuring captioning of TVMdeo programming in areas such as airplanes, cruise ships and terminal waiting areas; g) ensuring accessible public phones (voice and TTY) that accept all forms of payment (including coins) in every phone bank within each concourse at airports, at highway stops, ow. street corners, and on airplanes and trains, and that connect with other phone systems, including providing access to 411, relay services and emergency numbers; h) ensuring accessible courtesy/emergency phones (voice and TTY) for vans, hotels, car rentals, in -transit facilities, satellite parking, call boxes, etc; i) ensuring flashing and audible emergency alarms in facilities and vehicles; j) ensuring that radio -based advisories have equivalent text -form communication; k) providing for research into color contrast needs of people with visual impairments. Training 6. DOT should require and fund training of transit agencies, people who provide transit services and people with disabilities about laws and practices affecting accessible transit. Training for service providers should include disability awareness and should be standardized across the country but also tailored to the unique needs of the community. People with disabilities, including those with mobility, vision and hearing disabilities, should be involved in the design and delivery of the training. Training for people with disabilities should include training in their rights under the law, empowerment strategies to assist them in exercising their full rights, and orientation on how to use public transportation and malting the most appropriate u$e of the modes of transit that are available to them. Paratransit 7. DOT should enforce the paratransit provisions of ADA, and Iocal transit agencies should ensure that a) eligibility for paratransit is uniform across all states and cities, including reciprocity from one locale to another; b) eligibility is determined by a functional model, not a medical model: c) trip -by -trip eligibility determination on the basis of comparable accessible public transit is an aspect of the process. Motor Vehicle and Transit Design S. The Society of Automotive Engineers and relevant federal agencies should incorporate accessibility features in safety and design standards and ensure compliance with ADA and Section -404 of the Rehabilitation Act for a) automobiles, in order to promote usability by people with disabilities; b) advanced car designs, such as electric cars, in order to provide audible and visual safety cues; _ c)_new "intelligent transportation systems" currently under development Hizhways and Streets 9. The Federal Highway Administration and other appropriate state and local agencies should ensure that highway call boxes are accessible and that traffic signals and poles show flashing lights when emergency vehicles are approaching. Air Travel 10. DOT should improve access to air travel, particularly accessibility on airplanes, and, toward this end, should conduct research on ways to improve wheelchair storage, loading and service. 4 WAIS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve [Federal Register: November 1, 1996 (Volume 61, Number 213)] [Rules and Regulations] [Page 56409-56425] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:frOlno96-6] DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Part 382 49 CFR Part 27 [Docket 46872 and 45657 --Amendment #6] RIN 2105-AB62 Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting From Federal Financial Assistance; Nondiscrimination on the Basis of Handicap in Air Travel AGENCY: Office of the Secretary, Transportation. ACTION: Final rule. SUMMARY: The Department is amending its rules implementing section 504 of the Rehabilitation Act of 1973 and the Air Carrier Access Act of 1986 concerning the provision of equipment to facilitate the boarding by individuals with disabilities on small commuter aircraft. The rule requires air carriers and airports to work jointly to make lifts or other boarding devices available. The rule also harmonizes requirements relating to airport facilities in the Department's section 504 and Air Carrier Access Act regulations and clarifies provisions concerning communicable diseases. EFFECTIVE DATE: This rule is effective December 2, 1996. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, S.W., Room 10424, Washington, D.C., 20590. (202) 366-9306 (voice); (202) 755-7687 (TDD); or Nancy Ebersole, Office of the Assistant Secretary for Transportation Policy, same street address, Room 9217, (202) 366-4864. [[Page 56410]] SgPPLEMENTARY INFORMATION: Boarding Assistance Background In the Department's regulation implementing section 504 of the Rehabilitation Act of 1973, which went into effect in 1979, the Department requires Federally -assisted airports to play a role in boarding assistance for individuals with disabilities: Each operator at an airport receiving any Federal financial assistance shall assure that adequate assistance is provided for enplaning and deplaning handicapped persons. Boarding by level entry boarding platforms and by passenger lounges are the preferred 1 of 31 02/28/97 11:06:23 WAIS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve methods for movement of handicapped persons between terminal buildings and aircraft at air carrier airports; however, where this is not practicable, operators at air carrier airport terminals shall assure that there are lifts, ramps, or other suitable devices not normally used for freight that are available for enplaning and deplaning handicapped passengers. (49 CFR 27.71(a)(2)(v)). This provision does not necessarily require that an airport acquire its own lifts or other devices. Airports may comply if other parties at the airport (e.g., air carriers) have devices that can be used for this purpose. Airlines' boarding assistance responsibilities are discussed in the Department's Air Carrier Access Act (ACAA) regulations. In 1990, when the Department published its ACAA rule (14 CFR Part 382), the Department knew that the rule did not address completely the issue of boarding assistance for individuals with disabilities --particularly those with mobility impairments --on some small commuter aircraft. Section 382.49(a) requires carriers to provide boarding assistance, including, "as needed, the services [of] personnel and the use of ground wheelchairs, boarding wheelchairs, on -board wheelchairs . . . and ramps or mechanical lifts.'' Where level entry boarding platforms are not available, ''carriers shall use ramps, lifts, or other devices (not normally used for freight) for enplaning and deplaning handicapped individuals who need them'' (Sec. 382.39(a)(2)). However, the rule provides a partial exception to the boarding assistance requirement: In the event that the physical limitations of an aircraft with less than 30 passenger seats preclude the use of existing models of lifts, boarding chairs, or other feasible devices to enplane a handicapped person, carrier personnel are not required to carry the handicapped person onto the aircraft by hand. (Sec. 382.39(a)(4)). The effect of this provision is that if there is no existing model of lift, boarding chair, or other device that will work with a particular aircraft having fewer than 30 seats, so that hand -carrying (i.e., having airline personnel physically pick up a passenger in their arms and carry the passenger on board) is the only means by which the passenger can board the aircraft, the carrier is not required to provide boarding assistance. The rationale for not requiring hand - carrying is sound: hand -carrying involves significant risks of injury to both airline personnel and passengers, and it is an undignified way of providing assistance. Moreover, in some models of aircraft, the stairs that are built into the door of the aircraft are not strong enough to accommodate two or three persons at a time, as either hand - carrying or the use of a boarding chair would require. The result of this exception, however, is that airlines may legally deny boarding to persons with mobility impairments in some situations. (For discussion of this provision and its background, see 55 FR 8033-8034; March 6, 1990.) In an advance notice of proposed rulemaking (ANPRM) issued at the same time as the Department's Air Carrier Access Act rule (55 FR 8078; March 6, 1990), the Department asked for additional information and comment on the subject of lift devices for small commuter aircraft. In the ANPRM, the Department noted that, in 1990, the development of lift devices appeared not to have proceeded to the point where imposing requirements for them through regulation would have been justified. We received little information in response to this ANPRM. Subsequently, the Department learned that a number of manufacturers had developed and were attempting to market lift devices for small aircraft (at that time for prices in the $8,000-$10,000 range), and that some airlines had tested models of these lifts in a variety of operational conditions. In June 1992, the Department held a workshop of parties interested in this issue, including representatives of commuter airlines, disability groups, and lift and aircraft manufacturers. The Department heard presentations from lift manufacturers concerning their devices 2 of 31 02/28/9711:06:24 WAIS Document Retrieval http://fiwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve and from some air carriers that had tested various devices with their aircraft. Department staff also conducted informal surveys of carriers that tested the lifts to determine how well carrier personnel believed the devices had worked with different types of commuter aircraft. From this information, it appeared to the Department that there were available several lift devices that can effectively facilitate boarding assistance for persons with mobility impairments on most small commuter aircraft in the 19-30 seat capacity range. At the same time, none of the participants in the workshop appeared to suggest that the existing lift devices were designed to work, or could work, with some of the smallest aircraft (e.g., those under 19 passenger seats). Carriers also raised significant concerns about the compatibility of the lift devices with certain existing aircraft models in the 19-30 seat class. For example, while lifts could be extended to the door of the Fairchild Metro and Beech 1900 models, there would be less than a foot clearance between the lift and the propeller assembly, creating a risk of costly damage (e.g., one estimate was $250,000) to the aircraft, as well as the loss of passenger revenue for the two months the aircraft might spend in the shop. Some carrier participants also expressed concerns that, once a lift got a passenger to the aircraft door, it would be difficult or impossible in some models (e.g., the Jetstream, Metro and Beech 1900) to transfer the passenger via a 12 -inch -wide boarding chair into the aisle and to a seat in the aircraft (e.g., because of narrow and very limited maneuvering room in some aircraft cabins). One of the most important discussions at the workshop concerned the allocation of responsibility for obtaining and operating lifts. Generally, commuter carriers and airport operators each believed that the other should bear the primary responsibility and cost for ensuring accessibility to small commuter aircraft. For example, the Regional Airline Association (RAA) representatives at the June 1992 workshop asserted that their efforts to interest airports in sharing the cost of lift devices had generated little response. Carriers cited what they viewed as the greater financial resources of airports (e.g., airports could apply for FAA Airport Improvement Program (AIP) funds or passenger facility charge (PFC) revenues to help fund lifts); airports cited the traditional control of carriers over passenger boarding. Both were wary of potentially increased liability exposure from using lift devices to board passengers with disabilities, and they urged FAA to issue performance specifications for lifts. Disability group representatives were concerned that, in the absence of regulatory direction from the Department, there would be an impasse that would postpone unreasonably passengers' ability to use small commuter aircraft. Lift manufacturers were concerned that lengthy delays in resolving issues in this area could [[Page 56411]] undermine the fragile, but developing, market for their products. In February 1993, the FAA issued an advisory circular concerning recommended specifications for such lifts. (FAA Advisory Circular 150/ 5200XX-- " Guide Specification For Mobility Impaired Passenger Boarding Devices''). Subsequently, we learned that many lift models had been modified by their manufacturers to meet the FAA specifications. The NPRM In September 1993, the Department published an NPRM proposing that airlines and airports, working together, would obtain lift equipment needed to provide boarding assistance to small commuter aircraft. The rationale for this proposal was that the Department views airports and carriers as key parts of an inextricably intertwined air transportation system. No one can fly between Point A and Point B without using at least one carrier and at least two airports. To complete a trip, every passenger must be able to travel to the first airport, move through the 3 of 31 02/28/97 11:06:24 WAIS Document Retrieval http://frwebgate. access.gpo.gov...13342+2+0+0&WAISaction=retrieve first airport (including ticketing, baggage checking, and check-in, where necessary), use the interface provided by some combination of the airport and the carrier to enter the aircraft, get to his or her seat on the aircraft, fly to the second airport, and reverse the process at that end of the trip. What matters, from the passenger's point of view, is not which participant in the system is responsible for each part of the process, but that the entire process operates so that the passenger can successfully complete the trip. The air travel system would never work for anyone unless airports and carriers worked together to get passengers from their place of origin to their destination. This is as true for passengers with disabilities as for anyone else. From the Department's point of view, airports and carriers have the responsibility of working together to ensure that passengers with disabilities can use commuter air service, which has become an increasingly important part of the air transportation system. Consequently, the Department proposed to amend both its Air Carrier Access Act regulations (which apply to carriers) and its section 504 regulations (which apply primarily to airports) to establish the joint responsibility of both carriers and airports to ensure that passengers with disabilities have the opportunity to use commuter air service. The NPRM proposed to create identical requirements in the ACAA and section 504 rules, directing each Federal -aid commercial service airport and each carrier serving that airport to establish a written agreement that would provide for ensuring that lifts, ramps, or other suitable devices would be provided and used to ensure that passengers could enter and leave small commuter aircraft. The written agreement between carriers and airports, which would not have to be submitted to DOT but which would be kept on file for DOT inspection, would have to be completed within nine months of the effective date of the rule. The agreement would call for full implementation of accessibility to small commuter aircraft at the airport no later than three years from the effective date of the rule. The proposed phase-in period was intended to permit an orderly acquisition process for equipment and to avoid increasing costs through a too -abrupt startup requirement. The NPRM also included a provision allowing carriers to seek a waiver from the requirement to use a lift or other device with a particular type of aircraft on the basis that use of the device would present an unacceptable risk of significant damage to the aircraft. The NPRM asked for comment on whether there should be an exception or waiver provided from the boarding assistance requirement when aircraft design limitations would prevent a passenger with a disability from getting to a non -exit row seat after the individual has entered the aircraft door. Comments and DOT Responses 1. Responsibility for Obtaining Lifts It was apparent from comments that airlines and airports continued to disagree over who should be responsible for providing lift devices. Four airports and an airport association said that airlines are traditionally responsible for assisting passenger boarding and for obtaining equipment used for this purpose. It is inappropriate to involve the airport in this activity, since it is airlines that work with aircraft manufacturers on design issues, one of these commenters said. Another suggested that it would violate nondiscrimination provisions of 14 CFR Part 152 for an airport to participate in obtaining lifts that some, but not all, carriers might use. Another remarked that even if airports participated in the funding of lifts, airlines should be responsible for operations and maintenance. Airports, carriers, and their associations commented that insufficient airport improvement program (AIP) funding may be available for lifts, especially at smaller airports, or that the priority assigned lifts for such funding was too low. Airline associations, on the other hand, said that since airports 4 of 31 02/28/97 11:06:24 WAIS Document Retrieval http://frwebgate. access.gpo.gov...13342+2+0+0&WAISaction=retrieve could use AIP and passenger facility charge (PFC) funds for the purpose of paying for lifts, airports should pay for them. This was also true, they said, because the requirement for lifts was a matter of public policy that should be paid for by the public. One airline association and three other commenters suggested that DOT should subsidize lift purchases (one suggesting that not to do so constituted an ''unfunded mandate''), apparently beyond the level provided in the AIP program. There was also considerable discussion in comments of how the proposed joint responsibility between carriers and airports might work. One disability group urged that the carrier -airport agreements have sufficient specificity to define how lifts would be shared and used. Carriers and their organizations said that carriers should control use of the lifts, and recommended advance notice requirements of 24 or 48 hours to avoid conflicting demands for lift use. An airport asked that there be a ''good faith'' exception to the requirement to negotiate a joint agreement, so that if a party has negotiated in good faith it would not be sanctioned for failing to come to an agreement. Other commenters expressed doubts about the negotiation process. An airport doubted that airlines would even show up for the negotiation, while an airline association thought that airports are in a superior bargaining position and do not want to use AIP funds to benefit disabled passengers. A state agency asked how DOT would enforce the requirement to negotiate an agreement, while a lift manufacturer thought the regulation should include more detail on what items should be in the agreement. Two commenters suggested that the rules could be different for different -sized airports (e.g., airports get lifts for small airports, airlines at large airports, and a 50/50 split at medium airports). Some airports, carriers, and their organizations suggested waiving the requirement at small airports (e.g., at which there were less than a threshold number of enplanements) or where there was an airport a disabled passenger could use within 50 miles, since this is within normal travel distance to airports for many passengers. Moreover, these comments said, many smaller airports receive small amounts of AIP funds, a fact that stretching out the compliance date would not change. Airports and carriers were also concerned that since few lift passengers would be expected at smaller airports, requiring lifts may not be cost - [[Page 56412]] effective. A larger number of comments, however, mostly from disability community commenters and lift manufacturers, opposed a small airport waiver, saying that a more sensible approach to reduce burdens on small airports would be to grant an extended compliance period for them, provide higher AIP priority for this purpose, or allow the use of boarding chairs at such places. DOT Response Who is responsible? Who pays? The Department does not believe that there is a good conceptual or practical alternative to requiring, as proposed in the NPRM, that carriers and airports share the responsibility and cost for ensuring the accessibility of the commuter air transportation system. As discussed above, the air travel system, from the point of view of passengers with disabilities, is an integrated whole in which airports, boarding systems, and aircraft must all be accessible for travel to be possible. Carrier and airport commenters each discussed, in some detail, why they shouldn't be responsible and why the other party should. The intractable fact remains that, absent contribution and cooperation from both parties, accessibility will not happen. In the context of a nondiscrimination statute, that result is unacceptable. The Department points out that AIP and, in some cases, PFC funds are options that can assist in the purchase of lifts. It is not 5 of 31 02/28/97 11:06:25 WAIS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve persuasive to assert that AIP funds are not available for this purpose because of other, purportedly higher priority, demands on the funds. Compliance with ACAA and 504 requirements --which means assuring that passengers with disabilities can move through terminals and onto aircraft --is no less important than carrying out other projects to improve airport services and facilities for all passengers. When it enacted the ACAA and 504, Congress implicitly determined that access for passengers is just as high a priority as access for everyone else. At the same time, given the intertwined nature of the air transportation system, it is reasonable to expect carriers to make a significant contribution to accessibility as well. The Department is aware that airports and carriers disagree on a considerable number of issues. However, ongoing working relationships exist and will continue in the future. Airports and carriers must work together and find ways of agreeing on a wide variety of matters for the air transportation system to work. Consequently, the concept of airports and carriers negotiating to determine how accessibility will be provided is not something new and foreign. It is also far more consistent with the Administration's regulatory policy of avoiding dictating national, one -size -fits -all, solutions to issues that are better decided locally by the parties concerned. The requirement to negotiate an agreement, like other parts of these rules, is enforced through existing mechanisms. For example, if an airline failed to comply with its obligations, the enforcement procedures of 14 CFR Sec. 382.65(c) and (d) would apply. If an airport failed to comply, the procedures of 49 CFR Part 27, Subpart C, would apply. The Department has paid close attention to the costs of boarding assistance requirements, which are described in the regulatory evaluation placed in the docket for the rulemaking. In particular, we would note that at least one lift model is available in the $15,000 range. In order to mitigate these costs, the Department is taking two principal steps. First, those commercial service airports with 2500-- 10,000 annual enplanements are exempt from the boarding assistance requirement. These airports account for only about 1 percent of all enplanements, so the exemption should not significantly damage the accessibility of the air travel system to the vast majority of passengers with disabilities. If boarding assistance equipment and services exist at such an airport, however, they would have to be made available to consenting passengers (except for hand -carrying, which is not required to be used). This is not a requirement to provide such equipment and services where they do not already exist; it is an ''if you have it, use it'' requirement. Second, the Department will phase in boarding assistance requirements depending on the size of the airport. This point is discussed below under the "Time Frames'' heading. It is important that boarding assistance equipment be maintained properly, so that it is available for use by passengers who need it. Consistent with provisions of existing ADA regulations, the rules will require carriers and airports to maintain this equipment in proper working order. 2. Aircraft -Related Issues The NPRM recognized that lifts may not work well with all models of commuter aircraft, and asked whether waivers or exceptions for specific aircraft types that could be damaged by lifts was appropriate. Disability community commenters and lift manufacturers generally opposed this idea. A manufacturer said its product is compatible with all aircraft in the 19-30 seat range and that any compatibility problems could be worked out between the carrier and the manufacturer. Another manufacturer said it made "adapters'' that would make its lifts usable with various aircraft models that otherwise could be damaged, such as the Fairchild Metro and Jetstream 31. (DOT staff contacted the manufacturer, learning that it had a design for the adapter but had not built a prototype. The manufacturer estimated that if it built the adapter, it would add about $3000 to the $56,000 price of its lift.) Other commenters made quite a different point --that in 6 of 31 02/28/97 11:06:25 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve some operating conditions, such as boarding a seaplane from a floating platform or in severe winter weather in Alaska, it was doubtful that use of lifts would be feasible. Carriers and their organizations requested exemptions for the Fairchild Metro and Beech 1900 models because of the potential damage problem. Also, airports, carriers, and their organizations sought exemptions for small airports and carriers with one -employee operations. The latter request was made on the basis that it can take two persons to provide boarding assistance to some passengers and extra personnel might have to be brought in to provide the assistance. One disability group said that inexpensive modifications can be made to lifts to make them work with most aircraft. This commenter said that carriers should have a burden of proof to demonstrate that an aircraft cannot be accessed without violating established safety standards before a waiver would be warranted. Other commenters suggested that, on 24-hour notice, an alternative means of compliance should be provided (e.g., substituting a different aircraft), or that airports should have enough different sorts of lifts to service all aircraft that stop there. About ten comments from carriers said that there were problems with some aircraft even if a lift could get a wheelchair -using passenger to the aircraft door. For example, turning radius limits, aisle widths of 12-14 inches, or other constraints or obstruction problems may make it difficult, particularly for large, heavy, or significantly mobility - impaired passengers, to proceed to a seat, or at least to a seat in which the passenger could sit consistent with the FAA's exit row seating rule. (Some disability community comments recommended modifying the exit row rule in small aircraft to avoid this latter problem.) Carrier comments suggested that [[Page 56413]] boarding assistance should be waived for these aircraft , since it would be a futile exercise. (Waiver requests went primarily to the Fairchild Metro, the Jetstream 31, and the Beech 1900 C and D, both on this ground and/or on the ground of potential aircraft damage.) In addition, carriers and some lift manufacturers said there should be an exception to the boarding assistance requirement for situations in which a passenger's size, weight, or lack of upper body strength made it impracticable to assist him or her through a low cabin doorway to a seat without risking injury to the passenger or carrier personnel. They also said there are no flight attendants on 19 -seat aircraft to assist passengers with disabilities and insufficient ground crew to assist at many non -hub airports. One disability community commenter pointed out, however, that some individuals who cannot climb steps --and therefore need a lift to get into the aircraft --can walk a few steps and therefore proceed to a seat in these aircraft. DOT Response From comments and from its own review of various aircraft, the Department is aware of certain ''problem aircraft '' with which existing models of lifts do not work well. For instance, float planes, which land on water and often pick up passengers from docks or floating platforms, appear to be incompatible with lift use. The final rule will not require boarding assistance for float planes. The Department is aware that there are locations in which inclement weather can sometimes make aircraft operations difficult. The Department does not believe that it is advisable to waive boarding assistance requirements in such places, however. Even airports that face difficult climate conditions enjoy substantial periods in which weather does not preclude aircraft or lift operations. It makes sense to require accessibility for those times. Consequently, while the Department does not intend the rule to require the operation of boarding assistance equipment when it would be unsafe due to bad 7 of 31 02/28/97 11:06:26 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WA1 Saction=retrieve weather, the rule will apply to airports in all parts of the country. We do not anticipate that this will be an overwhelming problem at most times and places. Weather that is sufficiently bad to preclude boarding assistance but not bad enough to preclude aircraft operations is not likely to occur on such a large percentage of days as would make a boarding assistance requirement futile. When weather is bad enough to preclude aircraft operations, the problem is obviously moot. The Department is persuaded that it is not reasonable to impose boarding assistance requirements with respect to aircraft models in which a lift would create a significant risk of damage to the aircraft (e.g., by coming within less than a foot of the propeller assembly) or in which the internal configuration of the aircraft effectively precludes a passenger using a boarding or aisle chair from getting to a non -exit row seat. To the Department's knowledge, the following are the only aircraft models that would be exempt from boarding assistance requirements on this basis: <bullet> Fairchild Metro --The major problem with accessing this aircraft via a lift is a propeller assembly that juts out almost on line with the passenger entrance door. Even if a lift is able to access the door at an angle, there would be only 4-11 inches of space between the lift and the propeller assembly. This presents a high risk of costly damage to the aircraft (e.g., according to carriers, up to an estimated $250,000 plus lost revenue from the approximately two months of repair time) if lifts are deployed with only slight imprecision. In addition, the four foot -high doorway, 12 -inch aisle, and high platform on which seats are located present nearly insurmountable barriers to access for non-ambulatory passengers to non -exit row seats. <bullet> Jetstream 31 --Some lifts cannot access this aircraft because of a curvature of the aircraft doorsill that prevents lifts from interfacing with the aircraft door without damaging the aircraft. Other lifts can interface with the aircraft; however, the low door makes passenger boarding from the lift a very awkward procedure (e.g., a passenger may have to be tilted backward to a nearly supine position to enter the aircraft). The more serious problem, however, is enabling a passenger to get from the aircraft door to a non -exit row seat. To get to the aircraft aisle from the door requires a passenger in a boarding chair to make a 45 -degree turn in the aisle (which is possible only for a passenger with a 12.5 inch width or less). This aircraft has a 13 -inch aisle, but seats overhang the aisle, making it impossible for even a 12 -inch wide boarding aisle to access more than one non -exit row seat. If a passenger is able to get to this seat, the passenger must have good upper body strength and the help of two carrier personnel to be transferred from the chair and lifted over the back of the seat. <bullet> Beach 1900 (C and D models) --A cabin configuration similar to that of the Jetstream 31 presents very significant barriers to providing access to non -exit row seats for non- ambulatory passengers. The four -foot high aircraft door makes it necessary to tilt a boarding chair to a nearly supine position, with the carrier personnel assisting the boarding having to bend over while maneuvering the chair through the door. A 12 -inch chair cannot fit down the aircraft aisle, and does not allow the maneuvering room necessary for an independent transfer. Passengers must have good upper body strength and assistance from two carrier personnel to rotate and swing their bodies into a seat located behind the chair (or must crawl down the aisle to a seat). The rule includes exceptions from boarding assistance requirements for these three aircraft models. If there are other aircraft that have similar difficulties, the rule gives the Department of Transportation discretion to add to the list. It should be emphasized that air carriers are not authorized to exempt other aircraft from boarding assistance services on their own initiative. 8 of 31 02/28/97 11:06:26 WAIS Document Retrieval http://f webgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve It should be noted that there may be situations in which the ability of a passenger to use a boarding chair to get to a non -exit row seat may vary with the passenger's size and weight. For example, a very large, heavy passenger may not be able to fit into the boarding chairs used on narrow -aisle commuter aircraft, or may not be able to walk through a narrow aisle to a seat, while a smaller passenger does not have the same problem. If, for this reason, the passenger cannot get to a seat he or she can use, providing boarding assistance is a futile gesture that the carrier is not required to make. On the other hand, a passenger who cannot climb steps --and therefore needs a lift to board -- may be able to walk a few steps to a seat. In such a situation, providing boarding assistance is not a futile gesture, and the rule requires carriers to provide it. If a passenger with a disability asserts that he or she can walk the needed distance from the aircraft door to a non -exit row seat, the carrier must provide the boarding assistance and allow the passenger to attempt to reach the seat. Passengers who use lifts to access commuter aircraft need to know, in advance, whether lift service is available. Passengers are unlikely to be aware which aircraft model their flight will use. Consequently, the Department is amending the information section of the ACAA rule to direct carriers to tell passengers who request the information or who note that they use a wheelchair for boarding whether the aircraft model scheduled to be used for a particular flight is one on which boarding assistance is available. This information would include notice of the availability of boarding assistance at boarding, departure, and intermediate points. In addition, carriers should make such information routinely available on all media through which they make information available to the general public (e.g., 800 numbers, reservation systems, published schedules). The Department emphasizes the critical need for this information to be conveyed accurately and promptly, because, in its [[Page 56414]] absence, the travel plans of individuals with disabilities are likely to be disrupted. Airlines and their agents must ensure that this function is performed. Like other violations of the Air Carrier Access Act, failure to comply with this information provision can subject regulated parties to enforcement action, including civil penalties. Consideration of issues concerning aircraft design for accessibility is beyond the scope of this rulemaking. We note, however, that some older models of commuter aircraft that present some of these problems appear to be gradually being phased out of the commuter fleet. The 1996 FAA commuter safety standards are likely to accelerate the elimination of some older 19 -seat models from the fleet. The exit row rule is part of an FAA safety rule separate from Part 382. Consideration of changes in that rule related to seat availability in small commuter aircraft are also beyond the scope of this rulemaking. The Department does not believe, given the way aircraft are used and scheduled by carriers, that it would be practicable to require more accessible models of aircraft to be designated or substituted for flights that passengers with disabilities want to use, even on advance notice. 3. Boarding Assistance Methods The NPRM proposed that boarding assistance should be provided using suitable devices (not normally used for freight) " but that "hand - carrying'' hand - carrying" (i.e., picking up a passenger's body in the arms of airline personnel) would never be required. There was general agreement among commenters that hand -carrying was a bad idea, for both safety and dignity reasons. Some disability community commenters did say, however, that it should be permitted in an emergency or when a lift was not available or inoperative, at least with the consent of the passenger. The NPRM, like the present rule, did not exclude boarding chairs, used to carry passengers up airstairs, from the scope of "suitable devices'' that could be used to provide boarding assistance. It did ask 9 of 31 02/28/97 11:06:26 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve for comment on whether the use of boarding chairs was appropriate for this purpose. Several commenters (including lift manufacturers, disability community commenters, and an airline) said that boarding chairs should be used for this purpose only when a lift is inoperable or when there is an emergency. For most disability community commenters, using a boarding chair in this way is tantamount to hand - carrying and therefore strongly disfavored. (One commenter noted that the use of boarding chairs for vertical access, which it regarded as objectionable, should be distinguished from the use of aisle or transfer chairs on board the lift or aircraft, which are needed to assist many passengers to their seats.) On the other hand, many other commenters (including airlines and their groups, airports, and one disability group) advocated permitting the continued use of boarding chairs when it was more cost-effective to do so (e.g., at an airport with few enplanements), when it would avoid delay (e.g., when an airport's lift was being used elsewhere), or when a lift was broken. These commenters said allowing the use of boarding chairs in at least some situations would provide greater flexibility to all concerned. DOT Response The main point of this regulation is to ensure that, in as many situations as possible, passengers with disabilities be able to travel by air, with safety and dignity. Having airline personnel carry a passenger up stairs in a boarding chair increases risk of injury both to passengers and airline personnel, and it can often be an undignified and frightening experience for passengers. Consequently, the rule does not permit this practice. This does not mean that boarding chairs and/or aisle chairs cannot be used in the boarding assistance process. Indeed, their use is necessary to get the passenger to a seat from a lift. Nor does it mean that carrier personnel are relieved of their obligation, as part of the boarding assistance process, to assist passengers in transferring from their own wheelchair to a boarding or aisle chair, and then from that device to an aircraft seat. It just means that, under normal circumstances on 19-30 seat aircraft, carrier personnel may not lift passengers in boarding chairs up stairs as the means of effecting the level change needed for boarding. Boarding stairs are not "suitable devices'' for this purpose on 19-30 seat aircraft. In abnormal circumstances (e.g., if a lift breaks down and needs to be repaired) or with respect to aircraft that are exempt from the boarding assistance requirement, the carrier would use whatever means are available (including boarding chairs but not hand -carrying) to provide boarding assistance. The use of alternative means is conditioned on the passenger's consent. This is not a requirement to create a means of boarding assistance where none exists or is feasible. It simply means that if a practicable alternative means of providing assistance in fact exists in a particular situation, carriers are to use it. In an emergency evacuation situation, the carrier would obviously do whatever is needed to deal with the emergency, regardless of other considerations. There is apparent unanimity that hand -carrying (in the sense of bodily picking up a passenger for purposes of a level change, as distinct from providing assistance using a boarding or aisle chair or assisting in the transfer of a passenger) is a bad idea. The final rule specifically provides that this practice is never required (other than when necessary for an emergency evacuation). The Department notes that the requirements of this amendment concern boarding assistance only for 19-30 seat commuter aircraft. The existing provisions of Part 382 concerning boarding assistance for larger aircraft (see Sec. 382.39(a) (1)-(3)) remain in effect, without change. Under these requirements, airlines may carry passengers up airstairs in boarding chairs. Airstairs used with larger aircraft are more likely to have sufficient weight-bearing capacity for this type of boarding assistance, and many of the lift models designed for 19-30 10 of 31 02/28/97 11:06:26 WAIS Document Retrieval http://frwebgate.access. gpo. gov...13342+2+0+0&WAISaction=retrieve seat aircraft do not work with larger aircraft. While the Department believes that use of lifts for boarding is preferable for larger as well as smaller aircraft, changes in the methods of boarding assistance used for the larger aircraft are outside the scope of this rulemaking. 4. Time Frames The NPRM contained two time frames. First, it proposed 9 months from the effective date of the rule for carriers and airports to complete agreements to provide lifts. Second, it proposed 3 years from the effective date of the rule as the implementation date for lift service under the agreements. With respect to the time period for the agreements, airline associations, airlines and some airports suggested a year, principally because they believed it would take that time to work out the multiple agreements necessary under the NPRM. Lift manufacturers and disability groups, on the other hand, favored shorter time frames (e.g., 2-6 months), principally because many years have passed since the ACAA regulations have been in place, lifts have been available for some time, further delay would work a financial hardship on manufacturers, and airlines and airports have had a long time to prepare to provide boarding assistance. Given the accessibility needs of passengers, these commenters did not believe that a longer negotiation period was warranted. An airport association, [[Page 56415]] an airport, and an airline favored the proposed 9 -month period. There was a similar variety of views with respect to the implementation date for the agreements. Disability groups and equipment manufacturers favored a 1 or 1\1/2\ -year implementation period, rather than the three-year period proposed in the NPRM, but supported extensions of up to five years for small airports, as opposed to waivers. These commenters said that lifts are available, that airports and airlines have had a long time to prepare to provide boarding assistance, and that equipment costs were small compared to other costs regularly incurred by airlines and airports. One disability group said that boarding chairs should be required to provide access immediately. On the other hand, an airline association and some state and local transportation agencies favored the proposed 3 -year period. Many of these commenters added that the rule should be flexible, with provisions for granting relief from the deadline if factors such as funding delays or the inability of manufacturers to meet demand prevented parties from complying on time. One airline association said the 3 -year period should start to run from the date of the agreement, rather than the effective date of the rule, because manufacturers would not be able to meet the demand otherwise. Two disability agencies said that implementation should be required as soon as practicable, with three years being the outside limit. Two commenters, an airline and an individual, favored a two-year period. Two lift manufacturers suggested a staggered implementation schedule, with 12-15 months for larger airports, two years for medium-size airports, and three years for small airports. They expressed the concern that, absent such a schedule, acquisition of lifts would be back-loaded at the end of the implementation period. DOT Response The Department's task is to find a good balance between the need to implement accessibility as soon as possible and the need to give parties a reasonable amount of time to do the work needed to accomplish this objective. With respect to the time to conclude agreements, the Department believes that the NPRM proposal of 9 months is a good middle ground between these two considerations, as well as between the concerns expressed by different groups of commenters. With respect to implementation time, the Department will require the agreements to be carried out as soon as practicable, as is the 11 of 31 02/28/97 11:06:27 WAIS Document Retrieval http://fiwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve typical practice in disability regulations requiring modifications to facilities or practices (e.g., program accessibility changes required under the Department of Justice ADA Title II regulation). The maximum time for implementation will be two years for large and medium hubs (1.2 million or more annual enplanements), three years for small hubs (250,000-1.2 million annual enplanements), and four years for non -hub primary airports (10,000-250,000 annual enplanements). This phase-in will result in accessibility at the airports carrying the greatest number of passengers sooner (hubs handle 97-98 percent of total enplanements), while reducing costs and burdens at the smaller airports. Again, these time frames represent what the Department believes to be a good balance among the policy considerations and commenter concerns involved. 5. Other issues The NPRM raised the question of whether use of lifts would create schedule disruptions or delays, particularly when multiple demands on lift use might be made. Commenters had a number of thoughts on this point. An airline association said that it takes 10-15 minutes to get a lift to a given aircraft and board a disabled passenger, possibly interfering with the 5-20 minute turnaround time many carriers try to achieve, leading the group to request a 48-hour advance notice requirement for assistance. Another airline association and an airline also supported the idea of advance notice for boarding assistance, to avoid or help deal with conflicting demands for lift service. Two airlines and an airport expressed concern about delays, particularly at hub airports where there might be multiple demands for assistance, but one of these airlines noted it had no accurate data on the time needed to complete a boarding using a lift. However, airline commenters generally said that boarding passengers in chairs was faster and more cost-effective than using lifts. Two commenters noted that airlines encounter flight delays for a variety of reasons, and thought that assisted boardings would not significantly add to this problem, given their relative infrequency. A lift manufacturer said an actual boarding with its lift took just 3-5 minutes, faster, it said, than using a boarding chair. Another manufacturer and a state agency noted that, under an FAA advisory circular for lift devices, lift boardings are to be accomplished in six minutes or less, which would also be unlikely to create significant delays. Several disability community commenters also expressed doubts that delays would be a significant problem, saying there was no data to support the idea that a problem would exist. The NPRM also asked about what, if any, training requirements there should be for personnel who provide boarding assistance. Two airline associations and two airlines said that no additional training requirements --beyond the general training requirement provided in the existing ACAA rule --was warranted. Airlines already have a vested interest in making sure their personnel perform their duties safely and effectively, one of the associations added. Three equipment manufacturers also opposed additional training requirements, one noting that the FAA advisory circular already called for training for lift operators, one asserting that the training required by the FAA circular was too lengthy, and the other expressing concern about the cost of training to manufacturers. A larger group of commenters, including disability groups, individuals, and state and local agencies, supported more specific training requirements. Four of these specified that sensitivity training should be required. A disability group said DOT should strenuously monitor training, since they saw poorly trained employees as one of the biggest problems that passengers with disabilities encounter. An airport supported training but suggested that it should be provided by manufacturers and carriers (unless the airport actually operated the lift). Three commenters suggested that the use of lifts should be required for aircraft with fewer than 19 seats, if the lifts work with the particular aircraft. One of these commenters noted two small aircraft 12 of 31 02/28/97 11:06:27 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve models with which lifts would work. An airport suggested that this requirement would make sense only in cases where there was an accessible means of deboarding at the destination point. Several disability community commenters said that, whatever the final requirements, allowing denied boardings was not acceptable. Lift manufacturers emphasized their products were available. DOT Response The final rule, like the NPRM, requires boarding assistance under the agreement required by this amendment only for 19-30 seat aircraft. There may be some situations in which the same boarding assistance equipment can be used to provide access to larger or smaller aircraft. Where this is the case, the Department recommends that carriers and airports use it for this [[Page 56416]] purpose, in preference to denying transportation on smaller aircraft or using less desirable means of boarding assistance for larger aircraft. The general ACAA requirement of training to proficiency (including refresher training, as needed, to maintain proficiency) in matters affecting transportation of passengers with disabilities applies to boarding assistance as well as other activities (see Sec. 382.61(a); to the extent that airport personnel are involved in boarding assistance at a given airport, a similar requirement extends to airports through the amendment to 49 CFR Part 27). While training is clearly important for all aspects of transportation accessibility, the Department does not believe, as a general matter, that a separate training requirement specifically focused on boarding assistance is needed. We note that Sec. 382.61 requires refresher training, as appropriate to the duties of each employee, to ensure that proficiency is maintained. Because, in the absence of means of boarding assistance, some commuter carriers may have served few persons with mobility impairments, carrier employees trained previously may not have maintained proficiency in boarding assistance and other matters necessary to proper service to such passengers. Where this is the case, the training requirements of the ACAA call for bringing relevant personnel up to proficiency in all these matters. There is one exception. The training requirements of Sec. 382.61(a) apply only to carriers who operate aircraft with more than 19 seats. Carriers who operate aircraft with 19 seats, but do not operate larger aircraft, are not covered by this requirement. Consequently, this rule will require any carriers falling into this category to provide training to proficiency in boarding assistance for those personnel who perform boarding assistance duties. This amendment does not require such carriers to carry out other training responsibilities under Sec. 382.61(a), although it is intended that employees of these carriers receive refresher training as needed to maintain proficiency in boarding assistance services. The information provided by commenters concerning the time required for assisted boarding varied considerably. Even given the lengthier scenarios, however, it is not reasonable to conclude --absent a massively larger demand for assisted boardings than any commenters have anticipated --that significant systemic schedule disruption is likely to occur. As some commenters pointed out, individual flights are delayed for a variety of reasons --weather, mechanical problems, air traffic congestion, waiting for passengers from incoming connecting flights, etc. --on a routine basis. No one likes these delays, but it seems fanciful to suggest that delays from lift boardings of disabled passengers will make a significant difference in the overall pattern of delayed flights, or have a measurable effect on a carrier's overall on- time performance record. The Department is not persuaded that this concern warrants adding a 48-hour advance notice requirement for boarding assistance. Obviously, 13 of 31 02/28/97 11:06:27 r WAIS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve passengers may wish to inform carriers of their plans in advance to attempt to make their arrangements as smooth as possible. However, as in the case of passengers who are traveling with electric wheelchairs, we believe it is reasonable for airlines to have some reasonable amount of time to provide the service in question. Consequently, carriers will be permitted to require that an individual needing lift service check in at least an hour before scheduled departure. Airport Facility Requirements Background/NPRM The Department's current section 504 and ACAA provisions concerning airport facilities differ in a number of details. This NPRM proposed to make changes to harmonize the two sets of requirements. The Department published a notice of proposed rulemaking for section 504 and an advance notice of proposed rulemaking under the ACAA that would have harmonized the two provisions in 1990, at the same time as it published its ACAA final rule. The Department received very few comments in response to those notices, and many of the specific points raised by the commenters have been overtaken by the enactment of the Americans with Disabilities Act (ADA). The NPRM proposed to add requirements in the ACAA and section 504 rules for a ''program accessible '' path from the beginning of a passenger's encounter with the airport facility to the aircraft door, with emphasis on the means of moving between the gate and the aircraft. This is a particular concern with respect to commuter aircraft, which typically do not use loading bridges, and passengers often have to descend from the gate level to the tarmac level to board the aircraft. The proposal suggested that meeting Title III or Title II ADA standards was an appropriate requirement for airports and airlines under the ACAA and section 504, respectively. Because ADA facility accessibility standards say little specifically about airports, the Department proposed to retain, with some modifications, the airport -specific requirements of the current ACAA and 504 rules. The NPRM sought comment on whether doing so would be confusing or duplicative. The NPRM repeated the existing language of the ACAA regulation concerning telecommunication devices for the deaf (TDDs), saying that at least one TDD shall be placed in each terminal. The NPRM asked for comment on how this requirement should be interpreted and implemented. Comments Two issues predominated in commenters' discussion of this portion of the proposal: the idea of an accessible path through the airport and the placement of TDDs. A disability group objected to the accessible path proposal on the basis that it fell short of what was required by the ADA and ACAA. This commenter also said that such steps as using a boarding chair to carry a passenger down steps from the gate level to the tarmac was not a proper part of an accessible path. A state agency said that using program accessibility approaches other than facility modification had saved the commenter a substantial amount of money. Three disability community commenters said that the ADA accessibility guidelines (ADAAGs) should apply to an accessible path through airports. An airport association and an individual suggested that airports should have five years to implement an accessible path. An airport supported the accessible path concept, as long as the rule made clear that boarding assistance was the airlines' job. An individual said that airports should have a disability specialist available to assist passengers. A state agency noted that there were some inconsistencies between the ADAAGs and the ACAA provisions that the NPRM proposed to retain, and also pointed to inconsistencies between the ADAAGs and the Uniform Federal Accessibility Standard (UFAS), which public entities could choose to use under Title II of the ADA. 't4 of 31 02/28/97 11:06:27 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WA1 Saction=retrieve With respect to TDDs (one commenter suggested using the term " TTYs " instead), two commenters suggested requiring improved signage to direct passengers to where the instruments were located. A number of commenters asked for more specificity in the definition of ''terminal,'' to avoid differing interpretations. A disability agency suggested simply using the ADAAG standard for placement of these [[Page 56417]] phones, while a TDD manufacturer supported specifying a number of specific locations in terminals where TDDs would have to be placed. (This manufacturer quoted a $995 price for a vandal -resistant public unit.) An airline favored keeping the existing standard, to avoid confusion between ADA and ACAA requirements. DOT Response The Department believes that the simplest and best solution to the issue of airport accessibility standards is to make applicable to airports (through section 504) and airlines (through the ACAA) the requirements applicable to other public facilities and public accommodations of Titles II and III of the ADA, respectively. This means that there will be one common standard for airport access, under which airports and airlines will be subject to the same obligations as other transportation facilities and places of public accommodation. Special airport -related standards that, as some commenters pointed out, could cause confusion will be eliminated. This approach is consistent with the relationship among disability statutes that Congress intended. Air carriers' terminal facilities appear not to be subject to direct ADA coverage. Under the Department of Justice (DOJ) rules implementing Title III of the ADA, airport terminals are not viewed as a place of public accommodation. The reason is that places of public accommodation include only those terminals used for the provision of ''designated'' or "specified'' public transportation, and transportation by aircraft does not constitute —designated" or ''specified'' public transportation. Congress excluded transportation by aircraft from these ADA provisions because Congress had already subjected carriers to the ACAA, and it did not want to impose duplicative requirements. The language and legislative history of the ADA, however, reveal no Congressional intent that carriers' facilities be subject to any different substantive requirements from those affecting places of public accommodation. It is clear that carriers have an ACAA obligation with respect to airport facilities. In defining the standard by which carriers' compliance with this obligation is judged, the Department believes it makes sense to refer to the ADA standard for public accommodations. Consequently, the final rule provides that carriers, with respect to terminal facilities and services, would be deemed to comply with their ACAA obligations if they meet the requirements spelled out for places of public accommodation in Department of Justice Title III ADA rules. Under Department of Justice regulations implementing Title II of the ADA (28 CFR Part 35), ''title II applies to everything and anything a public entity does * * * All governmental activities of public entities are covered.'' (56 FR 35696; July 26, 1991). Public airport authorities are public entities for purposes of Title II; consequently, their activities and facilities appear subject to the requirements of DOJ Title II rules. It has long been clear that airport authorities that receive DOT financial assistance are subject to section 504 of the Rehabilitation Act of 1973, as amended. In amending the Department's section 504 rule provision concerning DOT -assisted airports, it makes sense to refer to ADA standards. (Congress, in enacting the ADA, made clear that it intended for consistent substantive standards to apply under both statutes.) Therefore, under the final rule, the basic standard for judging whether a public airport authority complies with 15 of 31 02/28/97 11:06:27 WAIS Document Retrieval http://frwebgate.access. gpo.gov...13342+2+0+0&WAISaction=retrieve section 504 is compliance with the DOJ rules for Title II of the ADA. Obviously, there are some portions of airports at which airport operators' section 504 obligations and the ACAA obligations of carriers overlap. The Department believes that these overlaps can be treated in the same manner as the relationships between public entity landlords and private entity tenants discussed in the Department of Justice ADA regulations. This means, of course, that airports and airlines will have to work out accessibility issues and relationships at the local level. This approach means that there will not be special requirements in the DOT rules concerning such issues as placement of TDDs and inter - terminal transportation. Inter -terminal transportation will be subject to the DOT ADA regulations affecting transportation services generally. (Intra -terminal transportation, as a service provided by airlines and/ or airports, is subject to the same Title II or Title III requirements as any other service. There are no ADAAG standards applicable to the design or construction of intra -terminal vehicles, such as the electric carts used in many airports.) Placement of TDDs will be subject to the same standards affecting public facilities and places of public accommodation under the ADA. Consequently, the issue concerning the definition of ''terminal'' for TDD placement purposes becomes moot. We point out that not only the general terminal areas, but also some areas open to part of the traveling public (e.g., the airline 11 clubs'' providing special accommodations in terminals to frequent fliers or persons who pay a fee to the airlines) are subject to the accessibility requirements of this rule. These are spaces that, in Title III terms, would be places of public accommodation, and it is unlikely that most would fall within the limited ''private club '' exception to the ADA, as defined in the Department of Justice Title III rules. One implication of this coverage is that, if telephone service is provided to ''members'' within the club space, then TDD requirements would apply to the "club.'' It would not be consistent with the rules for the carrier to refer the passenger to a TDD phone in the general passenger area of the terminal, since the whole point of the club is to provide a refuge from the noise and bustle of the terminal. The rule provides that the Americans with Disability Act Accessibility Guidelines (ADAAGs) will be the standard by which airport facility accessibility will be judged. The ADAAGs include a provision (10.4.1) dealing with new construction at airports. This provision applies directly to new construction and alterations at airports. It is also the standard for modifying facilities to meet accessibility requirements for existing facilities, under the ''program accessibility'' (see 28 CFR Sec. 35.150) or ''barrier removal '' (see 28 CFR Sec. 36.304-305) provisions of the Department of Justice Title II and Title III rules. The Department is aware that, for the present, public entities subject to Title II of the ADA can choose between compliance with the ADAAGs and compliance with the Uniform Federal Accessibility Standards (UFAS), which differ in some particulars from the ADAAGs. The Department of Justice, DOT, and the Architectural and Transportation Barriers Compliance Board (Access Board) have proposed applying the ADAAGs as the exclusive standards for Title II entities. Rather than further amend the ADA and ACAA rules after this ADA rule change goes into effect, we believe it is more sensible to use the ADAAGs as the standard for airport accessibility at this time. We regard the ADAAGs as the pre-eminent accessibility standard at this time, and its use will also avoid any inconsistency between the standards applicable to airlines and airports under this rule. Given the application of ADA requirements and standards to airport facilities, the only point on which the Department believes it is necessary to spell out an additional specific requirement concerns an 11 accessible [[Page 56418]] 16 of 31 02/28/97 11:06:28 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve path'' for level changes between gate and aircraft boarding areas. The Department clearly interprets ADA requirements as applying to the path an individual must take between the entrance to the airport and the means of boarding the aircraft, specifically including the way a passenger moves between the gate and the aircraft. This is important because, in many cases, the gate area will be on an upstairs level of an airport, while aircraft --particularly small commuter aircraft --are boarded from the tarmac. The basic idea is that a key aspect of airports' and carriers' program --getting someone through the airport and onto an aircraft --must be accessible to individuals with disabilities, including those using wheelchairs. Communicable Diseases . Background Section 382.51 of the existing ACAA rule provides that a carrier may not refuse transportation to a passenger, require the person to provide a medical certificate, or impose other conditions or restrictions on passengers, on the basis that the passenger has a communicable disease, except with respect to an individual who has a communicable disease or infection which has been determined by the U.S. Surgeon General, the Centers for Disease Control, or other Federal public health authority knowledgeable about the disease or infection, to be transmissible to other persons in the normal course of flight. This provision was originally designed in response to a number of incidents in the 1980s in which persons with AIDS had been denied transportation or otherwise discriminated against by air carriers, apparently because of fear of, or misinformation about, HIV infection and how it is transmitted. It subsequently became apparent to the Department that this provision of the rule needed clarification. Given the absence of definitive guidance from the Surgeon General, the Centers for Disease Control, or the Public Health Service, (which the Department has unsuccessfully sought), the closest approach to medical guidance the Department has been able to find is a Food and Drug Administration (FDA) regulation listing several diseases (e.g., infectious tuberculosis, several viral hemmoragic fevers) appropriate for travel restrictions. The Department issued guidance based on this FDA list, stating that since other diseases have not been named by Federal public health authorities, carriers may not deny or restrict transportation of persons with other diseases. Carrier medical personnel expressed the concern that this guidance is too restrictive, leading to potential conflicts between the rule and their normal, prudent medical judgment. They have cited persons in the infectious stages of chicken pox or measles as persons who it may be appropriate to restrict, to protect the health of other passengers. In response to their concern, an airline association requested that the Department withdraw the guidance in question. In addition, it has been pointed out that, read literally, the current regulatory provision could be construed to allow carriers to exclude persons with illnesses that are clearly communicable by airborne transmission or casual contact but which are not serious for most persons, such as the common cold (the Department would not construe the rule in this fashion, however). The Department based its NPRM proposal on three principles: (1) It is reasonable for carriers to impose restrictions on transportation only of persons with diseases that are readily communicable, in the normal course of flights, by airborne transmission or casual contact. (For example, restrictions could not be imposed on persons because they were infected with HIV.) (2) It is reasonable for carriers to impose restrictions on 17 of 31 02/28/97 11:06:28 WAIS Document Retrieval http://frwebgate.access.gpo. gov...13342+2+0+0&WAISaction=retrieve transportation only of persons with diseases that normally have serious consequences for the health of persons who catch the disease. (For example, restrictions could not be imposed on persons because they have a common cold.) (3) Carriers should impose restrictions on persons for reasons relating to communicable diseases only with the advice and concurrence of a physician. (That is, airline personnel such as pilots, flight attendants, or gate agents could not make unilateral decisions to impose restrictions on passengers.) NPRM The Department proposed rewriting the current Sec. 382.51(b) to reflect these three principles. The NPRM proposed two methods carriers could use to implement these principles. First, when faced with someone who may have a contagious disease that may make travel inadvisable, the carrier can obtain a specific recommendation from a physician. Second, the carrier, together with its medical staff or consultants, could devise a list of diseases that can affect travel, consistent with the three principles. The list would include information on the stages of various diseases during which travel would be contraindicated. The list would be made part of the carrier's regular information base for employees (e.g., manuals, computer reservation system instructions). The NPRM suggested that carriers, to promote consistency, should coordinate a single, unified list, so the same diseases have the same consequences on all airlines. Under the proposal, in cases where there is no dispute between the carrier and a passenger over the fact that a passenger has a disease on the hist at a point in time when it is contagious, the passenger could be denied transportation until a later time without the carrier having to obtain a recommendation from a physician in the particular case. However, if the passenger denied that he or she has a disease on the list, or acknowledges having the disease but insists that it is not at the stage which the list describes as infectious, then the carrier employee would have to consult a physician. In addition, the proposed amendment stated that airlines would have to impose the least restrictive alternative in communicable disease situations (e.g., should not deny transportation when requiring a medical certificate is sufficient); would allow a passenger to travel at his or her original fare if travel is postponed as the result of having a communicable disease; and would provide, on request, a written explanation of any restrictions that are imposed for reasons relating to communicable diseases. Comments One airline and a number of disability community commenters supported the NPRM proposal. One disability group suggested adopting the Department of Justice's "direct threat'' standard (from DOJ's ADA Title III rule), including its requirement that there be an individualized assessment, based on reasonable judgment that relies on current medical knowledge or the best objective evidence available, to ascertain the nature, duration, and severity of the risk, as well as mitigation measures that could apply. Providing the passenger a face mask was one mitigating measure suggested by two commenters. Another such group recommended that the carrier should be required to consider the recommendations of the passenger's treating physician, while a carrier said that the passenger's personal physician should certify that the individual can fly safely. With respect to the idea of a list of communicable diseases, airlines and their associations had a variety of comments. One airline wanted DOT to create the list. Other airlines wanted a Federal health agency to create a list, said the medical community's input [[Page 56419]] 18 of 31 02/28/97 11:06:28 WAIS Document Retrieval A http://frwebgate.access. gpo.gov...13342+2+0+0&WAl Saction=retrieve should be obtained, that there should be flexibility to add new diseases to the list, and that there should be uniformity in any such list given that passengers often use more than one carrier for a trip. Two carriers said that airlines, which do not have extensive medical staffs, should not be assigned the task off creating a list. For the same reason, one association said that an industry group should be formed to compile the list. Another association questioned the utility of such a list, since new diseases appear from time to time, and reliance on a list would be a disincentive to considering individual circumstances. With respect to the idea of consultation with a physician, two carriers objected that it was impractical to seek medical advice in each case, and that airline personnel should have the discretion to deny boarding. An airline association suggested that qualified medical personnel other than a physician should be permitted to make the determination involved, since physicians might not be available in a timely fashion. Other comments included a request by an airline association that diseases transmissible by casual contact, as well as by airborne means, should be a ground for restricting travel, a suggestion by the same group that any ability to travel at a later date be limited to 60 days, and a request by a disability organization that carriers be required to reimburse passengers for expenses incurred because of a carrier's decision to postpone travel. DOT Response The Department has considered the comments on this issue carefully, recognizing the difficulty that carriers and passengers can have in making judgments about when it may be inappropriate for a passenger to travel because of illness. Based on comments, the Department's discussions with Federal health officials over a period of several years, and the lack of expertise within the Department, we have decided that it is not feasible for us to compile a list of diseases that would warrant a denial of transportation or to ask carriers to do so. Consequently, we are not adopting the portion of the proposal concerning lists. With respect to the criteria for making decisions on these issues, the Department believes the best available model is the ''direct threat'' language in the Department of Justice's Title III ADA regulation. The DOJ language reads as follows: Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the actual injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk. 28 CFR Sec. 36.208). This is well-established language that gives due regard to both nondiscrimination on the basis of disability and the need of a public accommodation to make reasoned judgments to protect the health and safety of other persons. Consequently, the final rule adapts this language to the context of air travel. This approach is compatible with the Department's purposes in publishing its NPRM. For example, a communicable disease that is not readily transmissible by airborne means or by casual contact is unlikely to pose a direct threat; nor would a disease that, if communicated by these means, does not pose a significant health threat 19 of 31 02/28/97 11:06:28 WAIS Document Retrieval http://frwebgate. access.gpo.gov...13342+2+0+0&WAI Saction=retrieve to the general passenger population. AIDS, on one hand, and the common cold, on the other, are examples of communicable diseases that would not generally pose direct threats. Making medical judgments cannot be entrusted to personnel without medical training. Consequently, it is unlikely that a ''direct threat'' finding could be made about a communicable disease that did not rest on a medical determination by a physician or nurse. This direct threat concept dovetails with the requirement that the airline find the least restrictive means of addressing an identified risk. It is not consistent with this provision to deny transportation to someone if a medical certificate, or a face mask, or seating the individual a few rows away from other passengers on a half -full flight, or some other action will be sufficient to mitigate the risk to other passengers involved to the point where the individual can travel without endangering others. While it would be useful for an airline concerned about a passenger's condition to consult with the passenger's physician, we do not believe that it is necessary to mandate such consultation in the regulation. Such consultation occurs in many cases now; certainly it would be a reasonable part of the process needed to make a direct threat determination. Nor do we believe it would be appropriate to require carriers to compensate passengers whose travel is delayed for medical reasons under this section. Denial of service by a carrier under these circumstances does not constitute improper conduct that should result in compensation. We note that the NPRM already covered diseases spread by casual contact as well as airborne means, and the final rule retains this point. Finally, we agree with the comment that someone whose travel is postponed for this reason should not have perpetual right to make the trip. We think that a 90 -day limit could fairly be imposed by the carrier. The FAA is conducting research into cabin air quality issues, which, beginning next year, will include research into the risk of passengers and crews contracting infectious diseases. In addition, there is a multiagency working group under the auspices of the Committee on International Science, Engineering, and Technology Policy of President Clinton's National Science and Technology Council. This group is reviewing the U.S. role in detecting, reporting, and responding to outbreaks of new and re-emerging infectious diseases. To the extent that research or recommendations from these or other sources provides additional information bearing on policies affecting airline transportation of individuals with communicable diseases, the Department can take account of it in future rulemaking. Other Issues In both the ACAA and section 504 rules, the NPRM proposed updating terminology (e.g., changing —handicapped person'' to ''individual with disabilities'') consistent with practice under the ADA. The proposed section 504 amendment would also make two administrative additions, requiring the submittal of transition plans by any airports which had not already done so and specifically applying nondiscrimination on the basis of disability requirements to subsidized Essential Air Service (EAS) carriers. Unlike most carriers, who do not receive Federal assistance, these carriers have been covered under the existing section 504 rule, but they have not been mentioned specifically, since Part 27 was promulgated before the Essential Air Service program came under DOT jurisdiction in January 1985. This administrative addition does not create any new obligations for subsidized EAS carriers. One airline commented that airlines should not have to change the terminology in their compliance manuals if the rule's terms change. We agree, and we are not imposing such a requirement. There were not any other [[Page 5642011 20 of 31 02/28/97 11:06:28 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve comments on these proposals, which the Department will adopt as proposed. The NPRM asked for comment on three other issues --seating accommodations for persons with disabilities, provisions concerning collapsible electric wheelchairs, and matters relating to the use of oxygen by passengers. These issues are addressed in a separate supplemental notice of proposed rulemaking in today's Federal Register. Withdrawal of 1990 Supplemental Notice of Proposed Rulemaking In the March 6, 1990, issue of Federal Register in which the Department published the original 1990 Air Carrier Access Act final rule, the Department also published a supplemental notice of proposed rulemaking (SNPRM; 55 FR 8076; RIN 2105-AB61). The Department is withdrawing this SNPRM at this time. The SNPRM concerned three subjects: airport transportation systems, standards for boarding chairs, and substitute service when boarding assistance is not available for small commuter aircraft. These matters have been overtaken by the present rulemaking, which applies ADA standards to airport transportation systems and requires boarding assistance, using lifts rather than boarding chairs, for small commuter aircraft. The withdrawal is an administrative action that will remove from the Department's regulatory agenda an item pertaining to an NPRM on which no further action is anticipated. Guidance Concerning Service Animals in Air Transportation The Department receives frequent questions about the transportation of service animals by airlines. On July 26, 1996, the Department of Justice issued Americans with Disabilities Act guidance concerning the access of service animals to places of public accommodation. The following guidance is based on the DOJ issuance, with adaptations to the context of air transportation and answers to questions the Department has been asked. The Department of Transportation's rules protecting the rights of air travelers with disabilities require air carriers to permit passengers to fly with their service animals. The Air Carrier Access Act (ACAA) rules say the following: Carriers shall permit dogs and other service animals used by individuals with disabilities to accompany the person on a flight. (1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags or the credible verbal assurances of the qualified individual with disabilities using the animal. (2) Carriers shall permit a service animal to accompany a qualified individual with disabilities in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. (14 CFR Sec. 382.55(a)) If a service animal cannot be accommodated at the seat location of the qualified individual with disabilities whom the animal is accompanying . . . the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage. (14 CFR Sec. 382.37(c)) The questions and answers below are intended to help carriers and 21 of 31 02/28/97 11:06:29 WAIS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve passengers understand how to respond to service animal issues. 1. Q: What is a service animal? A: Under the ACAA, a service animal is any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If the animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government. 2. Q: What work do service animals perform? A: Service animals perform some of the tasks and functions that the individual with a disability cannot perform for him or herself. Guide dogs that help blind individuals are the type of service animal most people are familiar with. But there are service animals that assist persons with other types of disabilities in their day-to-day activities. Some examples include -- <bullet> Alerting persons with hearing impairments to sounds. <bullet> Pulling wheelchairs or carrying and picking up things for persons with mobility impairments. <bullet> Assisting persons with mobility impairments with balance. An animal that does not perform identifiable tasks or functions for an individual with a disability probably is not a service animal. However, it is not essential that the animal perform the functions for the individual while he or she is traveling on the aircraft. The functions can be ones that the animal performs for the individual at his or her destination. 3. Q: What must an airline do when an individual with a disability using a service animal seeks to travel? A: The service animal must be permitted to accompany the passenger with a disability on the flight. The animal must be allowed to accompany the individual in any seat the individual uses, except where the animal would obstruct an aisle or other area required by Federal Aviation Administration safety rules to remain unobstructed for emergency evacuation purposes. Service animals are typically trained to curl up under seats, which should reduce the likelihood of such an obstruction. If such an obstruction would occur, the animal (and passenger, if possible) should be relocated to some other place in the cabin where it will not create such an obstruction. If there is no space in the cabin that will accommodate the animal without causing such an obstruction, then the animal is not permitted to travel in the cabin. To accommodate service animals, airlines are not required to ask other passengers to relinquish space that they would normally use. For example, the passenger sitting next to an individual traveling with a service animal would not need to allow the space under the seat in front of him or her to be used to accommodate the animal. 4. Q: Is a service animal a pet? A: A service animal is not a pet. A service animal is a working animal that performs important functions for an individual with a disability. The individual with a disability has been trained in the use of the service animal and is responsible for all handling of the animal. Consequently, carrier personnel and other passengers should not attempt to pet, play with, direct, or in any way distract service animals. It is also important to realize that a pet is not a service animal. Many people enjoy the companionship of animals. But this relationship between an individual and an animal, standing alone, is not sufficient to cause an animal to be regarded as a service animal. 22 of 31 02/28/97 11:06:29 WAIS Document Retrieval http://fwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve 5. Q: How do the requirements of the ACAA rule concerning service animals relate to an airline's rules about carrying pets? A: Airlines may have whatever policy they choose concerning pets, consistent with U.S. Department of Agriculture animal welfare rules. For example, they can refuse to carry any pets. They can carry pets only in containers stowed in the cargo compartment. They can allow small pets in carriers that fit under the [[Page 56421]] seat. Since service animals are not pets, the ACAA requires airlines to modify their pets policies to allow service animals to accompany persons with a disability in the cabin. When an animal is determined by the airline not to be a service animal, then the airline would apply to the animal the same policy that applies to pets. In any situation in which the airline determines that an animal is not a service animal, the airline must continue to give the passenger the opportunity to travel without having the service animal in the cabin. It is not appropriate to deny transportation to a passenger because the passenger's animal is determined not to be a service animal. 6. Q: How can I tell if an animal really is a service animal and not just a pet? A: Some, but not all, service animals, wear special collars or harnesses. For example, guide dogs used by persons with vision impairments typically wear harnesses that enhance their ability to guide the visually impaired person. Some, but not all, service animals are licensed and certified and have identification papers. If airline employees are not certain that an animal is a service animal, they may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is planning to travel by air is not necessarily going to be carrying around documentation of his or her medical condition or disability. Therefore, while such documentation may be requested as a means of verifying that the animal is a service animal, it generally may not be required as a condition of permitting an individual to travel with his or her service animal. (See Question 9 for a situation in which documentation may be required.) Likewise, while a number of states have programs to certify service animals, airline employees may not insist on proof of state certification before permitting the service animal to accompany the person with a disability. 7. Q: What are ''credible'' verbal assurances that an animal is a service animal? A: In the absence of documentation or other obvious evidence that an animal is a service animal, the only information available to airline employees about the animal may be what a passenger says about his or her disability and the use of the animal. Airline employees may exercise their judgment concerning whether the passenger's statements about the training and functions of the animal make it reasonable to think that the animal is a service animal. The factors discussed in this guidance (e.g., the nature of the individual's disability, the training the animal is said to have received, its ability to behave properly in public places, the functions it is said to perform for the individual) can be used in evaluating the credibility of the passenger's statements. An airline complaints resolution official (CRO), whom the Department's ACAA rules require to be available at each airport that the airline serves, is a resource that passengers and airline employees can use to resolve difficult cases. 23 of 31 02/28/97 11:06:29 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve 8. Q: What about unusual or multiple animals? A: Most people are familiar with the use of dogs as service animals. On some occasions, however, individuals may ask to be accompanied in an aircraft cabin by other kinds of animals. For example, in a few cases, monkeys have been trained to provide services to persons with severe mobility impairments. There have been cases of passengers requesting to be accompanied by reptiles or rodents. In addition, some passengers have asked to travel with more than one animal at a time. In evaluating these situations, airline employees should keep in mind some of the important characteristics of service animals. Service animals are trained to perform specific functions for an indivudal with a disability, and they are trained to behave properly in public places. Service animals are generally trained to work on a one-to-one basis with an individual with a disability. Airline employees may inquire about these matters and may use their judgment about whether, in light of these factors, a particular animal is a service animal, as distinct from a pet that a passenger wants to bring on board. 9. Q: How should airline employees respond to a claim that being accompanied by an animal is necessary for the emotional well-being of an individual with a mental or emotional disability? A: Many people receive emotional support from being near an animal. The assertion of a passenger that an animal remaining in his or her company is a needed accommodation to a disability, however, may often be difficult to verify or to distinguish from the situation of any person who is fond of a pet. In addition, the animal may not, in such a situation, perform any visible function. For these reasons, it is reasonable for airline employees to request appropriate documentation of the individual's disability and the medical or theraputic necessity of the passnger's traveling with the animal. Moreover, the animal, like any service animal, must be trained to behave properly in a public setting. 10. Q: What about service animals that are not accompanying a passenger with a disability? Sometimes, an animal that is trained to work with people with disabilities may travel by air but not be accompanied by an individual with a disability for whom the animal performs service animal functions. For example, a non -disabled handler may transport a therapy dog'' to a location, such as a rehabilitation center, where it will perform services for individuals with physical or mental disabilities. The Department's Air Carrier Access Act regulation intended to assist passengers with disabilities by ensuring that they can travel with the service animals that perform functions for them. When a service animal is not accompanying a passenger with a disability, the rule's rationale for permitting the animal to travel in the cabin does not apply. While the animal may be traveling to a location where it will perform valuable services to other people, it would be subject to the airline's general policies with respect to the carriage of animals. 11. Q: What if an animal acts out of control? A: Service animals are trained to behave properly in public settings. For example, a properly trained service animal will remain at its owner's feet. It does not run freely around an aircraft or airport gate area, bark or growl repeatedly at other persons on the aircraft, bite or jump on people, or urinate or defecate in the cabin or gate area. An animal that engages in such disruptive behavior shows that it has not been successfully trained to function as a service animal in public settings. Therefore, airlines are not required to treat it as a 24 of 31 02/28/97 11:06:29 AWS Document Retrieval http: //frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve service animal, even if the animal is one that performs an assistive function for a passenger with a disability. However, airline personnel should consider available means of mitigating the effect of an animal's behavior that are acceptable to the individual with a disability (e.g., muzzling a dog that barks frequently) that would permit the animal to travel in the cabin. While an airline is not required to permit an animal to travel in the cabin if it engages in disruptive behavior, or other behavior that poses a direct threat to the health or safety of persons on the aircraft, airline employees may not make assumptions about how a ([Page 56422]] particular animal is likely to behave based on past experience with other animals. Each situation must be considered individually. Airline employees may inquire, however, about whether a particular animal has been trained to behave properly in a public setting. 12. Q: Can airlines charge a maintenance or cleaning fee for customers who bring service animals onto aircraft? A: No. The ACAA prohibits special charges, such as deposits or surcharges, for accommodations required to be made to passengers' disabilities. This is true even if such charges are routinely required to transport pets. However, an airline can charge passengers with disabilities if a service animal causes damage, so long as it is the regular practice of the airline to charge non -disabled passengers for the same types of damages. For example, the airline can charge passengers with a disability for the cost of repairing or cleaning seats damaged by a service animal if it is the airline's policy to charge when non - disabled passengers cause similar damage. 13. Q: Are airlines responsible for the animal while a person with a disability is on the aircraft? A. No. The care and supervision of a service animal is solely the responsibility of its owner. The individual with a disability has been trained in the use of the service animal and is responsible for all handling of the animal. The airline is not required to provide care or food or special facilities for the animal. Regulatory Analyses and Notices This is not a significant rule under Executive Order 12866. It is a significant rule under the Department's Regulatory Policies and Procedures. A regulatory evaluation that examines the projected costs and impacts of the lift requirements in the rule has been placed in the docket. Briefly, the Department estimates that equipment and operational costs of the lift requirement (net present value over 20 years ) will range between $18.6 and $51.8 million. In terms of benefits, the analysis suggests that an additional 450,000 trips to mobility -impaired travelers could result from the availability of lift devices, resulting in a net present value profit to carriers of $48 million over 20 years. There are, in addition, non -quantifiable benefits (e.g., greater travel opportunities for passengers, greater dignity in the boarding process). The airport accessibility provisions of the rule are not projected to have significant costs. We note that Federally -assisted airports have been subject to very similar requirements under section 504 since the first publication of 49 CFR Part 27 in 1979. Airlines have been subject to very similar requirements since the first publication of 14 CFR Part 382 in 1990. New costs related to moving to ADA -based standards should not be great, and are limited in any case by the readily achievable/program accessibility provisions made applicable to airlines and airports, 25 of 31 02/28/97 11:06:29 WAIS Document Retrieval http://fiwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve respectively. The Department certifies that this rule, if adopted, would not have a significant economic effect on a substantial number of small entities. There are not a substantial number of small air carriers covered by this rule, particularly given the exclusion of ''problem aircraft'' and aircraft with fewer than 19 seats from boarding assistance requirement. These aircraft are heavily represented among the smallest air carriers. The smallest airports are excluded from the boarding assistance rule altogether; other small airports will have costs reduced by the 4 -year phase-in for them. For all airports, terminal accessibility requirements are not expected to be costly. They are very similar to existing requirements, and they include provisions ensuring that unduly burdensome changes are not required. Consequently, the Department does not anticipate a significant economic effect on small airports. The Department has determined that there would not be sufficient Federalism impacts to warrant the preparation of a Federalism Assessment. List of Subjects in 14 CFR Part 382 and 49 CFR Part 27 Aviation, Handicapped. Issued this 8th day of October, 1996, at Washington, D.C. Federico Pena, Secretary of Transportation. For the reasons set forth in the preamble, the Department amends 14 CFR Part 382 and 49 CFR Part 27 as follows: 1. The authority citation for 14 CFR Part 382 is revised to read as follows: Authority: 49 U.S.C. 41702, 47105, and 41712. 2. In 14 CFR Part 382, including the title thereof, the word ''handicap'' is revised to read ''disability'' wherever it occurs. The term ''handicapped individual'' is revised to read "individual with a disability'' wherever it occurs. The term "handicapped individuals'' is revised to read ''individuals with a disability'' whenever it occurs. The term "qualified handicapped individual'' is revised to read ''qualified individual with a disability" wherever it occurs. The term "qualified handicapped individuals" is revised to read qualified individuals with a disability'' wherever it occurs. 3. In 14 CFR Part 382, Sec. 382.23 is revised to read as follows: Sec. 382.23 Airport facilities. (a) This section applies to all terminal facilities and services owned, leased, or operated on any basis by an air carrier at a commercial service airport, including parking and ground transportation facilities. (b) Air carriers shall ensure that the terminal facilities and services subject to this section shall be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Air carriers shall be deemed to comply with this Air Carrier Access Act obligation if they meet requirements applying to places of public accommodation under Department of Justice (DOJ) regulations implementing Title III of the Americans with Disabilities Act (ADA). (c) The carrier shall ensure that there is an accessible path between the gate and the area from which aircraft are boarded. (d) Systems of inter -terminal transportation, including, but not limited to, shuttle vehicles and people movers, shall comply with applicable requirements of the Department of Transportation's ADA rule. 26 of 31 02/28/97 11:06:30 WAfS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction=retrieve (e) The Americans with Disabilities Act Accessibility Guidelines (ADAAGs), including section 10.4 concerning airport facilities, shall be the standard for accessibility under this section. (f) Contracts or leases between carriers and airport operators concerning the use of airport facilities shall set forth the respective responsibilities of the parties for the provision of accessible facilities and services to individuals with disabilities as required by this part for carriers and applicable section 504 and ADA rules of the Department of Transportation and Department of Justice for airport operators. 4. In paragraph (a)(2) of Sec. 382.39 of 14 CFR Part 382, in the first sentence thereof, the word ''suitable'' is added before the word "devices'' and two sentences are added at the end of the paragraph reading as follows. Sec. 382.49 Provision of services and equipment. * * * * * (a) [[Page 56423]] (2) * * * In no case shall carrier personnel be required to hand - carry a passenger in order to provide boarding assistance (i.e., directly to pick up the passenger's body in the arms of one or more carrier personnel to effect a level change the passenger needs to enter or leave the aircraft). Requirements for providing boarding assistance to commuter aircraft with fewer than 30 seats are found in Sec. 382.40. * * * * * Sec. 382.39 [Amended] 5. In Sec. 382.39 of 14 CFR Part 382, paragraph (a)(4) is removed. 6. A new Sec. 382.40 is added, to read as follows: Sec. 382.40 Boarding assistance for small aircraft. (a) Paragraphs (b) and (c) of this section apply to air carriers conducting passenger operations with aircraft having 19-30 seat capacity at airports with 10,000 or more annual enplanements. (b) Carriers shall, in cooperation with the airports they serve, provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other suitable devices that do not require employees to lift or carry passengers up stairs. (c) (1) Each carrier shall negotiate in good faith with the airport operator at each airport concerning the acquisition and use of boarding assistance devices. The carrier(s) and the airport operator shall, by no later than September 2, 1997, sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this section between or among the parties. The agreement shall be made available, on request, to representatives of the Department of Transportation. (2) The agreement shall provide that all actions necessary to ensure accessible boarding for passengers with disabilities are completed as soon as practicable, but no later than December 2, 1998 at large and medium commercial service hub airports (those with 1,200,000 or more annual enplanements); December 2, 1999 for small commercial service hub airports (those with between 250,000 and 1,199,999 annual enplanements); or December 4, 2000 for non -hub commercial service primary airports (those with between 10,000 and 249,999 annual enplanements) . All air carriers and airport operators involved are jointly responsible for the timely and complete implementation of the 27 of 31 02/28/97 11:06:30 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve agreement. (3) Under the agreement, carriers may require that passengers wishing to receive boarding assistance requiring the use of a lift for a flight using a 19-30 seat aircraft check in for the flight one hour before the scheduled departure time for the flight. If the passenger checks in after this time, the carrier shall nonetheless provide the boarding assistance by lift if it can do so by making a reasonable effort, without delaying the flight. (4) Boarding assistance under the agreement is not required in the following situations: (i) Access to aircraft with a capacity of fewer than 19 or more than 30 seats; (ii) Access to float planes; (iii) Access to the following 19 -seat capacity aircraft models: the Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models); (iv) Access to any other 19 -seat aircraft model determined by the Department of Transportation to be unsuitable for boarding assistance by lift on the basis of a significant risk of serious damage to the aircraft or the presence of internal barriers that preclude passengers who use a boarding or aisle chair to reach a non -exit row seat. (5) When boarding assistance is not required to be provided under paragraph (c)(4) of this section, or cannot be provided as required by paragraphs (b) and (c) of this section for reasons beyond the control of the parties to the agreement (e.g., because of mechanical problems with a lift), boarding assistance shall be provided by any available means to which the passenger consents, except hand -carrying as defined in Sec. 382.39(a)(2) of this part. (6) The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition. (d)(1) The training of carrier personnel required by Sec. 382.61 shall include, for those personnel involved in providing boarding assistance, training to proficiency in the use of the boarding assistance equipment used by the carrier and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers. (2) Carriers who do not operate aircraft with more than a 19 -seat capacity shall ensure that those personnel involved in providing boarding assistance are trained to proficiency in the use of the boarding assistance equipment used by the carrier and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers. 7. In Sec. 382.45 of 14 CFR Part 382, paragraph (a)(2) is revised to read as follows: Sec. 382.45 Passenger information. (a) * * * (2) Any limitations on the ability of the aircraft to accommodate qualified individuals with disabilities, including limitations on the availability of boarding assistance to the aircraft, with respect to the departure and destination points and any intermediate stops. The carrier shall provide this information to any passenger who states that he or she uses a wheelchair for boarding, even if the passenger does not explicitly request the information. * * * * * 8. In Sec. 382.51 of 14 CFR Part 382, paragraph (b) is revised to read as follows: Sec. 382.51 Communicable diseases. (b)(1) The carrier may take the actions listed in paragraph (a) of this section with respect to an individual who has a communicable 28 of 31 02/28/97 11:06:30 WAIS Document Retrieval http://frwebgate. access. g po. gov...13342+2+0+0&WAI Saction=retrieve disease or infection only if the individual's condition poses a direct threat to the health or safety of others. (2) For purposes of this section, a direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. (3) In determining whether an individual poses a direct threat to the health or safety of others, a carrier must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; that the potential harm to the health and safety of others will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk. (4) In taking actions authorized under this paragraph, carriers shall select the alternative, consistent with the safety and health of other persons, that is least restrictive from the point of view of the passenger with the communicable disease. For example, the carrier shall not refuse to provide transportation to an individual if provision of a medical certificate or reasonable modifications to practices, policies, or procedures will mitigate the risk of communication of the disease to others to an extent that would permit the individual to travel. (5) If an action authorized under this paragraph results in the postponement of a passenger's travel, the carrier shall permit the passenger to travel at a later time (up to 90 days from the date of the postponed travel) at the fare that would [[Page 56424]] have applied to the passenger's originally scheduled trip without penalty or, at the passenger's discretion, provide a refund for any unused flights, including return flights. (6) Upon the passenger's request, the carrier shall provide to the passenger a written explanation of any action taken under this paragraph within 10 days of the request. 9. The authority citation for 49 CFR Part 27 is revised to read as follows: Authority: Sec. 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sec. 165(b) of the Federal -Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.) 10. In 49 CFR Part 27, including the title thereof, the word ''handicap'' is revised to read ''disability'' wherever it occurs. The term ''handicapped individual '' is revised to read ''individual with a disability'' wherever it occurs. The term ''handicapped individuals '' is revised to read ''individuals with a disability'' wherever it occurs. The term "qualified handicapped individuals'' is revised to read "qualified individuals with a disability'' wherever it occurs. 11. In Sec. 27.5 of 49 CFR Part 27, the definition of ''Air Carrier Airport'' is removed, and a new definition of ''Commercial Service Airport'' is added in the appropriate alphabetical placement, to read as follows: Sec. 27.5 Definitions. Commercial service airport means an airport that is defined as a commercial service airport for purposes of the Federal Aviation Administration's Airport Improvement Program and that enplanes annually 2500 or more passengers and receives scheduled passenger service of aircraft. 29 of 31 02/28/97 11:06:30 WAIS Document Retrieval http://frwebgate.access.gpo.gov...13342+2+0+0&WAISaction-retrieve , 12. Section 27.71 of 49 CFR Part 27 is revised to read as follows: Sec. 27.71 Airport facilities. (a) This section applies to all terminal facilities and services owned, leased, or operated on any basis by a recipient of DOT financial assistance at a commercial service airport, including parking and ground transportation facilities. (b) Airport operators shall ensure that the terminal facilities and services subject to this section shall be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Airport operators shall be deemed to comply with this section 504 obligation if they meet requirements applying to state and local government programs and facilities under Department of Justice (DOJ) regulations implementing Title II of the Americans with Disabilities Act (ADA). (c) The airport shall ensure that there is an accessible path between the gate and the area from which aircraft are boarded. (d) Systems of inter -terminal transportation, including, but not limited to, shuttle vehicles and people movers, shall comply with applicable requirements of the Department of Transportation's ADA rules. (e) The Americans with Disabilities Act Accessibility Guidelines (ADAAGs), including section 10.4 concerning airport facilities, shall be the standard for accessibility under this section. (f) Contracts or leases between carriers and airport operators concerning the use of airport facilities shall set forth the respective responsibilities of the parties for the provision of accessible facilities and services to individuals with disabilities as required by this part and applicable ADA rules of the Department of Transportation and Department of Justice for airport operators and applicable Air Carrier Access Act rules (49 CFR part 382) for carriers. (g) If an airport operator who receives Federal financial assistance for an existing airport facility has not already done so, the recipient shall submit a transition plan meeting the requirements of Sec. 27.65(d) of this part to the FAA no later than March 3, 1997. 13. A new Sec. 27.72 is added to 49 CFR Part 27, to read as follows: Sec. 27.72 Boarding assistance for small aircraft. (a) Paragraphs (b) and (c) of this section apply to airports with 10,000 or more annual enplanements. (b) Airports shall, in cooperation with carriers serving the airports, provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other devices that do not require employees to lift or carry passengers up stairs. (c)(1) Each airport operator shall negotiate in good faith with each carrier serving the airport concerning the acquisition and use of boarding assistance devices. The airport operator and the carrier(s) shall, by no later than September 2, 1997, sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this section between or among the parties. The agreement shall be made available, on request, to representatives of the Department of Transportation. (2) The agreement shall provide that all actions necessary to ensure accessible boarding for passengers with disabilities are completed as soon as practicable, but no later than December 2, 1998 rule at large and medium commercial service hub airports (those with 1,200,000 or more annual enplanements); December 2, 1999 rule for small commercial service hub airports (those with between 250,000 and 1,199,999 annual enplanements); or December 4, 2000 rule for non -hub 30 of 31 02/28/9711:06:30 _4WAIS Document Retrieval http://frwebgate. access. gpo.gov...13342+2+0+0&WAI Saction=retrieve commercial service primary airports (those with between 10,000 and 249,999 annual enplanements). All air carriers and airport operators involved are jointly responsible for the timely and complete implementation of the agreement. (3) Boarding assistance under the agreement is not required in the following situations: (i) Access to aircraft with a capacity of fewer than 19 or more than 30 seats; (ii) Access to float planes; (iii) Access to the following 19 -seat capacity aircraft models: the Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models); (iv) Access to any other 19 -seat aircraft model determined by the Department of Transportation to be unsuitable for boarding assistance by lift on the basis of a significant risk of serious damage to the aircraft or the presence of internal barriers that preclude passengers who use a boarding or aisle chair to reach a non -exit row seat. (4) When boarding assistance is not required to be provided under paragraph (c)(4) of this section, or cannot be provided as required by paragraphs (b) and (c) of this section for reasons beyond the control of the parties to the agreement (e.g., because of mechanical problems with a lift), boarding assistance shall be provided by any available means to which the passenger consents, except hand -carrying as defined in Sec. 382.39(a)(2) of this part. (5) The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition. (d) In the event that airport personnel are involved in providing boarding assistance, the airport shall ensure that they are trained to proficiency in the use of the boarding assistance equipment used at the airport and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers. 14. A new Sec. 27.77 is added to 49 CFR Part 27, to read as follows: [[Page 56425]] Sec. 27.77 Recipients of Essential Air Service subsidies. Any air carrier receiving Federal financial assistance from the Department of Transportation under the Essential Air Service program shall, as a condition of receiving such assistance, comply with applicable requirements of this part and applicable section 504 and ACAA rules of the Department of Transportation. [FR Doc. 96-28084 Filed 10-31-96; 8:45 am] BILLING CODE 4910-62-P 31 of 31 02/28/97 11:06:31 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56409 including a digital Electronic Flight Instrument System (EFIS), attitude and heading reference systems (AHRS), and air data systems (ADS). These systems may be vulnerable to high-intensity radiated fields (HIRF) external to the airplane. Discussion There is no specific regulation that addresses protection requirements for electrical and electronic systems from HIRF. Increased power levels from ground based radio transmitters, and the growing use of sensitive electrical and electronic systems to command and control airplanes, have made it necessary to provide adequate protection. To ensure that a level of safety is achieved equivalent to that intended by the regulations incorporated by reference, special conditions are needed for the DHC -8-400, which require that new technology electrical and electronic systems, such as the EFIS, AHRS and ADS, be designed and installed to preclude component damage and interruption of function due to both the direct and indirect effects of HIRF. High -Intensity Radiated Fields With the trend toward increased power levels from ground based transmitters, plus the advent of space and satellite communications, coupled with electronic command and control of the airplane, the immunity of critical digital avionics systems to HIRF must be established. It is not possible to precisely define the HIRF to which the airplane will be exposed in service. There is also uncertainty concerning the effectiveness of airframe shielding for HIRF. Furthermore, coupling of electromagnetic energy to cockpit - installed equipment through the cockpit window apertures is undefined. Based on surveys and analysis of existing HIRF emitters, and adequate level of protection exists when compliance with the HIRF protection special condition is shown with either paragraphs 1 or 2 below: 1. A minimum threat of 100 volts per meter peak electric field strength from 10 KHz to 18 GHz. a. The threat must be applied to the system elements and their associated wiring harnesses without the benefit of airframe shielding. b. Demonstration of this level of protection is established through system tests and analysis. 2. A threat external to the airframe of the following field strengths for the frequency ranges indicated. Frequency Peak (VIM) Ave e (V/ 10 10 KHz-100 KHz ...... 50 50 110 KHz-500 KHz .... 60 60 500 KHz-2000 KHz 70 70 2 MHz -30 MHz ......... 200 200 30 MHz -100 MHz ..... 30 30 100 MHz -200 MHz ... 150 33 200 MHz -400 MHz ... 70 70 400 MHz -700 MHz ... 4,020 935 700 MHz -1000 MHz 1,700 170 1 GHz -2 GHz ........... 5,000 990 2 GHz -4 GHz ........... 6,680 840 4 GHz -6 GHz ........... 6,850 310 6 GHz -8 GHz ........... 3,600 670 8 GHz -12 GHz ......... 3,500 1,270 12 GHz -18 GHz ....... 3,500 360 18 GHz -40 GHz ....... 2,100 750 As discussed above, these special conditions are applicable initially to the DHC -8"00 airplane. Should de Havilland apply at a later date for a change to the type certificate to include another model incorporating the same novel or unusual design feature, the special conditions would apply to that model as well, under the provisions of § 21.101(a)(1). I Discussion of Comments Notice of proposed special conditi( No. SC -96 -3 -NM was published in t Federal Register on July 22, 1996 (61 37844). No comments were received. Conclusion This action affects certain design features only on the DHC -8-400 airplane. It is not a rule of general applicability and affects only the manufacturer who applied to the FAA for approval of these features on the airplane. List of Subjects in 14 CFR Part 25 Aircraft. Aviation safety. Reporting and recordkeeping requirements. The authority citation for these special conditions is as follows: Authority: 49 U.S.C. 106(g), 40113.44701, 44702, 44704. The Special Conditions Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the deHavilland DHC -8-400 series airplanes. 1. Protection from Unwanted Effects of High -Intensity Radiated Fields (HIRF). Each electrical and electronic system that performs critical functions must be designed and installed to ensure that the operation and operational capability of these systems to perform critical functions are not adversely affected when the airplane is exposed to high-intensity radiated fields. 2. For the purpose of this special condition, the following definition applies: Critical Functions. Function's whose failure would contribute to or cause a failure condition that would prevent the continued safe flight and landing of the airplane. Issued in Renton, Washington. on October 15, 1996. Darrell M. Pederson, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service, ANM-100. [FR Doc. 96-28107 Filed 10-31-96-.8:45 am] BILLING CODE 4910-134A of the Secretary CFR Part 382 49 CFA Part 27 [Docket 46872 and 45657—Amendment x61 RIN 2105-AB62 Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting From Federal- Financiai Assistance; Nondiscrimination on the Basis of Handicap in Air Travel AGENCY: Office of the Secretary, Transportation. ACTION: Final rule. / SUMMARY: The Department is amending its rules implementing section 504 of the Rehabilitation Act of 1973 and the Air Carrier Access Act of 1986 concerning the provision of equipment to facilitate the boarding by individuals with disabilities on small commuter aircraft. The rule requires air carriers and airports to work jointly to make lifts or other boarding devices available. The rule also harmonizes requirements relating to airport facilities in the Department's section 504 and Air Carrier Access Act regulations and clarifies provisions concerning communicable diseases. EFFECTIVE DATE: This rule is effective December 2. 1996. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy Assistant C',eneral Counsel for Regulation and Enforcement. Department of Transportation, 400 7th Street. S.W.. Room 10424, Washington, D.C.. 20590. (202) 366-9306 (voice); (202) 755-7687 (TDD); or Nancy Ebersole. Office of the Assistant Secretary for Transportation Policy, same street address. Room 9217, (202)366-4864. 56410 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations SUPPLEMENTARY INFORMATION: Boarding Assistance Background In the Department's regulation implementing section 504 of the Rehabilitation Act of 1973, which went into effect in 1979, the Department requires Federally -assisted airports to play a role in boarding assistance for individuals with disabilities: Each operator at an airport receiving any Federal financial assistance shall assure that adequate assistance is provided for enplaning and, deplaning handicapped persons. Boarding by level entry boarding platforms and by passenger lounges are the preferred methods for movement of handicapped persons between terminal buildings and aircraft at air carrier airports; however, where this is not practicable, operators at air carrier airport terminals shall assure that there are lifts, ramps, or other suitable devices not normally used for freight that are available for enplaning and deplaning handicapped passengers. (49 CFR 27.71(a)(2)(v)). This provision does not necessarily require that an airport acquire its own lifts or other devices. Airports may comply if other parties at the airport (e.g., air carriers) have devices that can be used for this purpose. Airlines' boarding assistance responsibilities are discussed in the Department's Air Carrier Access Act (ACAA) regulations. In 1990, when the Department published its ACAA rule (14 CFR Part 382), the Department knew that the rule did not address completely the issue of boarding assistance for individuals with disabilities— particularly those with mobility impairments—on some small commuter aircraft. Section 382.49(a) requires carriers to provide boarding assistance, including, "as needed, the services (of] personnel and the use of ground wheelchairs, boarding wheelchairs, on- board wheelchairs .. . and ramps or mechanical lifts." Where level entry boarding platforms are not available, "carriers shall use ramps, lifts, or other devices (not normally used for freight) for enplaning and deplaning handicapped individuals who need them" (§ 382.39(a)(2)). However, the rule provides a partial exception to the boarding assistance requirement: In the event that the physical limitations of an aircraft with less than 30 passenger seats preclude the use of existing models of lifts, boarding chairs, or other feasible devices to enplane a handicapped person, carrier personnel are not required to carry the handicapped person onto the aircraft by hand. (§ 382.39(a)(4)). The effect of this provision is that if there is no existing model of lift, boarding chair, or other device that will work with a particular aircraft having fewer than 30 seats, so that hand - carrying (i.e., having airline personnel physically pick up a passenger in their arms and carry the passenger on board) is the only means by which the passenger can board the aircraft, the carrier is not required to provide boarding assistance. The rationale for not requiring hand -carrying is sound: hand -carrying involves significant risks of injury to both airline personnel and passengers, and it is an undignified way of providing assistance. Moreover, in some models of aircraft, the stairs that are built into the door of the aircraft are not strong enough to accommodate two or three persons at a time, as either hand -carrying or the use of a boarding chair would require. The result of this exception, however, is that airlines may legally deny boarding to persons with mobility impairments in some situations. (For discussion of this provision and its background, see 55 FR 8033-8034; March 6, 1990.) In an advance notice of proposed rulemaking (ANPRM) issued at the same time as the Department's Air Carrier Access Act rule (55 FR 8078; March 6, 1990), the Department asked for additional information and comment on the subject of lift devices for small commuter aircraft. In the ANPRM, the Department noted that, in 1990, the development of lift devices appeared not to have proceeded to the point where imposing requirements for them through regulation would have been justified. We received little information in response to this ANPRM. Subsequently, the Department learned that a number of manufacturers had developed and were attempting to market lift devices for small aircraft (at that time for prices in the $8,000– $10,000 range), and that some airlines had tested models of these lifts in a variety of operational conditions. In June 1992, the Department held a workshop of parties interested in this issue, including representatives of commuter airlines, disability groups, and lift and aircraft manufacturers. The Department heard presentations from lift manufacturers concerning their devices and from some air carriers that had tested various devices with their aircraft. Department staff also conducted informal surveys of carriers that tested the lifts to determine how well carrier personnel believed the devices had worked with different types of commuter aircraft. From this information, it appeared to the Department that there were available several lift devices that can effectively facilitate boarding assistance for persons with mobility impairments on most small commuter aircraft in the 19-30 seat capacity range. At the same time, none of the participants in the workshop appeared to suggest that the existing lift devices were designed to work, or could work, with some of the smallest aircraft (e.g., those under 19 passenger seats). Carriers also raised significant concerns about the compatibility of the lift devices with certain existing aircraft models in the 19-30 seat class. For example, while lifts could be extended to the door of the Fairchild Metro and Beech 1900 models, there would be less than a foot clearance between the lift and the propeller assembly, creating a risk of costly damage (e.g., one estimate was $250,000) to the aircraft, as well as the loss of passenger revenue for the two months the aircraft might spend in the shop. Some carrier participants also expressed concerns that, once a lift got a passenger to the aircraft door, it would be difficult or impossible in some models (e.g., the Jetstream, Metro and Beech 1900) to transfer the passenger via a 12 -inch -wide boarding chair into the aisle and to a seat in the aircraft (e.g., because of narrow and very limited maneuvering room in some aircraft cabins). One of the most important discussions at the workshop concerned the allocation of responsibility for obtaining and operating lifts. Generally, commuter carriers and airport operators each believed that the other should bear the primary responsibility and cost for ensuring accessibility to small commuter aircraft. For example, the Regional Airline Association (RAA) representatives at the June 1992 workshop asserted that their efforts to interest airports in sharing the cost of lift devices had generated little response. Carriers cited what they viewed as the greater financial resources of airports (e.g., airports could apply for FAA Airport Improvement Program (AIP) funds or passenger facility charge. (PFC) revenues to help fund lifts); airports cited the traditional control of carriers over passenger boarding. Both were wary of potentially increased liability exposure from using lift devices to board passengers with disabilities, and they urged FAA to issue performance specifications for lifts. Disability group representatives were concerned that, in the absence of regulatory direction from the Department, there would be an impasse that would postpone unreasonably passengers' ability to use small commuter aircraft. Lift manufacturers were concerned that lengthy delays in resolving issues in this area could 00 ur• m ac re li. 5: N D tl� Sed �es )rk, '•g•, rriers ,Ut with ae e A the Aels, -ante he he ;ot )uld d r to ited ed ily, ors ear ,es or es Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56411 undermine the fragile, but developing, market for their products. In February 1993, the FAA issued an advisory circular concerning recommended specifications for such lifts. (FAA Advisory Circular 150/ 5200XX—"Guide Specification For Mobility Impaired Passenger Boarding Devices"). Subsequently, we learned that many lift models had been modified by their manufacturers to meet the FAA specifications. The NPRM In September 1993, the Department published an NPRM proposing that airlines and airports, working together, would obtain lift equipment needed to provide boarding assistance to small commuter aircraft. The rationale for this proposal was that the Department views airports and carriers as key parts of an inextricably intertwined air transportation system. No one can fly between Point A and Point B without using at least one carrier and at least two airports. To complete a trip, every passenger must be able to travel to the first airport, move through the first airport (including ticketing, baggage checking, and check-in, where necessary), use the interface provided by some combination of the airport and the carrier to enter the aircraft, get to his or her seat on the aircraft, fly to the second airport, and reverse the process at that end of the trip. What matters, from the passenger's point of view, is not which participant in the system is responsible for each part of the process, but that the entire process operates so that the passenger can successfully complete the trip. The air travel system would never work for anyone unless airports and carriers worked together to get passengers from their place of origin to their destination. This is as true for passengers with disabilities as for anyone else. From the Department's point of view, airports and carriers have the responsibility of working together to ensure that passengers with disabilities can use commuter air service, which has become an increasingly important part of the air transportation system. Consequently, the Department proposed to amend both its Air Carrier Access Act regulations (which apply to carriers) and its section 504 regulations (which apply primarily to airports) to establish the joint responsibility of both carriers and airports to ensure that passengers with disabilities have the opportunity to use commuter air service. The NPRM proposed to create identical requirements in the ACAA and section 504 rules, directing each Federal -aid commercial service airport and each carrier serving that airport to establish a written agreement that would provide for ensuring that lifts, ramps, or other suitable devices would be provided and used to ensure that passengers could enter and leave small commuter aircraft. The written agreement between carriers and airports, which would not have to be submitted to DOT but which would be kept on file for DOT inspection, would have to be completed within nine months of the effective date of the rule. The agreement would call for full implementation of accessibility to small commuter aircraft at the airport no later than three years from the effective date of the rule. The proposed phase-in period was intended to permit an orderly acquisition process for equipment and to avoid increasing costs through a too -abrupt startup requirement. The NPRM also included a provision allowing carriers to seek a waiver from the requirement to use a lift or other device with a particular type of aircraft on the basis that use of the device would present an unacceptable risk of significant damage to the aircraft. The NPRM asked for comment on whether there should be an exception or waiver provided from the boarding assistance requirement when aircraft design limitations would prevent a passenger with a disability from getting to a non -exit row seat after the individual has entered the aircraft door. Comments and DOT Responses 1. Responsibility for Obtaining Lifts It was apparent from comments that airlines and airports continued to disagree over who should be responsible for providing lift devices. Four airports and an airport association said that airlines are traditionally responsible for assisting passenger boarding and for obtaining equipment used for this purpose. It is inappropriate to involve the airport in this activity, since it is airlines that work with aircraft manufacturers on design issues, one of these commenters said. Another suggested that it would violate nondiscrimination provisions of 14 CFR Part 152 for an airport to participate in obtaining lifts that some, but not all, carriers might use. Another remarked that even if airports participated in the funding of lifts, airlines should be responsible for operations and maintenance. Airports, carriers, and their associations commented that insufficient airport improvement program (AIP) funding may be available for lifts. especially at smaller airports, or that the priority assigned lifts for such funding was too low. Airline associations, on the other hand, said that since airports could use AIP and passenger facility charge (PFC) funds for the purpose of paying for lifts, airports should pay for them. This was also true, they said, because•the requirement for lifts was a matter of public policy that should be paid for by the public. One airline association and three other commenters suggested that DOT should subsidize lift purchases (one suggesting that not to do so constituted an "unfunded mandate"), apparently beyond the level provided in the AIP program. There was also considerable discussion in comments of how the proposed joint responsibility between carriers and airports might work. One disability group urged that the carrier - airport agreements have sufficient specificity to define how lifts would be shared and used. Carriers and their organizations said that carriers should control use of the lifts, and recommended advance notice requirements of 24 or 48 hours to avoid conflicting demands for lift use. An airport asked that there be a "good faith" exception to the requirement to negotiate a joint agreement, so that if a party has negotiated in good faith it would not be sanctioned for failing to come to an agreement. Other commenters expressed doubts about the negotiation process. An airport doubted that airlines would even show up for the negotiation, while an airline association thought that airports are in a superior bargaining position and do not want to use AIP funds to benefit disabled passengers. A state agency asked how DOT would enforce the requirement to negotiate an agreement, while a lift manufacturer thought the regulation should include more detail on what items should be in the agreement. Two commenters suggested that the rules could be different for different - sized airports (e.g., airports get lifts for small airports, airlines at large airports, and a 50/50 split at medium airports). Some airports, carriers, and their organizations suggested waiving the requirement at small airports (e.g., at which there were less than a threshold number of enplanements) or where there was an airport a disabled passenger could use within 50 miles, since this is within normal travel distance to airports for many passengers. Moreover, these comments said, many smaller airports receive small amounts of AIP funds, a fact that stretching out the compliance date would not change. Airports and carrier were also concerned that since few lift passengers would be expected at small airports, requiring lifts may not be cost 56412 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations effective. A larger number of comments, however, mostly from disability community commenters and lift manufacturers, opposed a small airport waiver, saying that a more sensible approach to reduce burdens on small airports would be to grant an extended compliance period for them, provide higher AEP priority for this purpose, or allow the use of boarding chairs at such places. DOT Response Who is responsible? Who pays? The Department does not believe that there is a good conceptual or practical alternative to requiring, as proposed in the NPRM, that carriers and airports share the responsibility and cost for ensuring the accessibility of the commuter air transportation system. As discussed above, the air travel system, from the point of view of passengers with disabilities, is an integrated whole in which airports, boarding systems, and aircraft must all be accessible for travel to be possible. Carrier and airport commenters each discussed, in some detail, why they shouldn't be responsible and why the other party should. The intractable fact remains that, absent contribution and cooperation from both parties, accessibility will not happen. In the context of a nondiscrimination statute, that result is unacceptable. The Department points out that AIP and, in some cases, PFC funds are options that can assist in the purchase of lifts. It is not persuasive to assert that AIP funds are not available for this purpose because of other, purportedly higher priority, demands on the funds. Compliance with ACAA and 504 requirements—which means assuring that passengers with disabilities can move through terminals and onto aircraft—is no less important than carrying out other projects to improve airport services and facilities for all passengers. When it enacted the ACAA and 504, Congress implicitly determined that access for passengers is just as high a priority as access for everyone else. At the same time, given the intertwined nature of the air transportation system, it is reasonable to expect carriers to make a significant contribution to accessibility as well. The Department is aware that airports and carriers disagree on a considerable number of issues. However, ongoing working relationships exist and will continue in the future. Airports and carriers must work together and find ways of agreeing on a wide variety of matters for the air transportation system to work. Consequently, the concept of airports and carriers negotiating to determine how accessibility will be provided is not something new and foreign. It is also far more consistent with the Administration's regulatory policy of avoiding dictating national, one -size -fits -all, solutions to issues that are better decided locally by the parties concerned. The requirement to negotiate an agreement, like other parts of these rules, is enforced through existing mechanisms. For example, if an airline failed to comply with its obligations, the enforcement procedures of 14 CFR § 382.65(c) and (d) would apply. If an airport failed to comply, the procedures . of 49 CFR Part 27, Subpart C. would apply. The Department has paid close attention to the costs of boarding assistance requirements, which are described in the regulatory evaluation placed in the docket for the rulemaking. In particular, we would note that at least one lift model is available in the $15,000 range. In order to mitigate these costs, the Department is taking two principal steps. First, those commercial service airports with 2500-10,000 annual enplanements are exempt from the boarding assistance requirement. These airports account for only about 1 percent of all enplanements, so the exemption should not significantly damage the accessibility of the air travel system to the vast majority of passengers with disabilities. If boarding assistance equipment and services exist at such an airport, however, they would have to be made available to consenting passengers (except for hand -carrying, which is not required to be used). This is not a requirement to provide such equipment and services where they do not already exist; it is an "if you have it, use it" requirement. Second, the Department will phase in boarding assistance requirements depending on the size of the airport. This point is discussed below under the "Time Frames" heading. It is important that boarding assistance equipment be maintained properly, so that it is available for use by passengers who need it. Consistent with provisions of existing ADA regulations, the rules will require carriers and airports to maintain this equipment in proper working order. 2. Aircraft -Related Issues The NPRM recognized that lifts may not work well with all models of commuter aircraft, and asked whether waivers or exceptions for specific aircraft types that could be damaged by lifts was appropriate. Disability community commenters and lift manufacturers generally opposed this idea. A manufacturer said its product is compatible with all aircraft in the 19- 30 seat range and that any compatibility problems could be worked out between the carrier and the manufacturer. Another manufacturer said it made "adapters" that would make its lifts usable with various aircraft models that otherwise could be damaged, such as the Fairchild Metro and Jetstream 31. (DOT staff contacted the manufacturer, learning that it had a design for the adapter but had not built a prototype. The manufacturer estimated that if it built the adapter, it would add about $3000 to the $56,000 price of its lift.) Other commenters made quite a different point—that in some operating conditions, such as boarding a seaplane from a floating platform or in severe winter weather in Alaska, it was doubtful that use of lifts would be feasible. Carriers and their organizations requested exemptions for the Fairchild Metro and Beech 1900 models because of the potential damage problem. Also, airports, carriers, and their organizations sought exemptions for small airports and carriers with one - employee operations. The latter request was made on the basis that it can take two persons to provide boarding assistance to some passengers and extra personnel might have to be brought in toprovide the assistance. One disability group said that inexpensive modifications can be made to lifts to make them work with most aircraft. This commenter said that carriers should have a burden of proof to demonstrate that an aircraft cannot be accessed without violating established safety standards before a waiver would be warranted. Other commenters suggested that, on 24-hour notice, an alternative means of compliance should be provided (e.g., substituting a different aircraft), or that airports should have enough different sorts of lifts to service all aircraft that stop there. About ten comments from carriers said that there were problems with some aircraft even if a lift could get a wheelchair -using passenger to the aircraft door. For example, turning radius limits, aisle widths of 12-14 inches, or other constraints or obstruction problems may make it difficult, particularly for large, heavy, or significantly mobility -impaired passengers, to proceed to a seat, or at least to a seat in which the passenger could sit consistent with the FAA's exit row seating rule. (Some disability community Comments recommended modifying the exit row rule in small aircraft to avoid this latter problem.) Carrier comments suggested that is •iity !en hat zg me ,st ra I 1e be i i id int ne Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56413 boarding assistance should be waived for these aircraft , since it would be a futile exercise. (Waiver requests went primarily to the Fairchild Metro, the Jetstream 31, and the Beech 1900 C and D, both on this ground and/or on the ground of potential aircraft damage.) In addition, carriers and some lift manufacturers said there should be an exception to the boarding assistance requirement for situations in which a passenger's size, weight, or lack of upper body strength made it impracticable to assist him or her through a low cabin doorway to a seat without risking injury to the passenger or carrier personnel. They also said there are no flight attendants on 19 -seat aircraft to assist passengers with disabilities and insufficient ground crew to assist at many non -hub airports. One disability community commenter pointed out, however, that some individuals who cannot climb steps— and therefore need a lift to get into the aircraft --can walk a few steps and therefore proceed to a seat in these aircraft. DOT Response From comments and from its own review of various aircraft, the Department is aware of certain "problem aircraft" with which existing models of lifts do not work well. For instance, float planes, which land on water and often pick up passengers from docks or floating platforms, appear to be incompatible with lift use. The final rule will not require boarding assistance for float planes. The Department is aware that there are locations in which inclement weather can sometimes make aircraft operations difficult. The Department does not believe that it is advisable to waive boarding assistance requirements in such places, however. Even airports that face difficult climate conditions enjoy substantial periods in which weather does not preclude aircraft or lift operations. It makes sense to require accessibility for those times. Consequently, while the Department does not intend the rule to require the operation of boarding assistance equipment when it would be unsafe due to bad weather, the rule will apply to airports in all parts of the country. We do not anticipate that this will be an overwhelming problem at most times and places. Weather that is sufficiently bad to preclude boarding assistance but not bad enough to preclude aircraft operations is not likely to occur on such a large percentage of days as would make a boarding assistance requirement futile. When weather is bad enough to preclude aircraft operations, the problem is obviously moot. The Department is persuaded that it is not reasonable to impose boarding assistance requirements with respect to aircraft models in which a lift would create a significant risk of damage to the aircraft (e.g., by coming within less than a foot of the propeller assembly) or in which the internal configuration of the aircraft effectively precludes a passenger using a boarding or aisle chair from getting to a non -exit row seat. To the Department's knowledge, the following are the only aircraft models that would be exempt from boarding assistance requirements on this basis: • Fairchild Metro—The major problem with accessing this aircraft via a lift is a propeller assembly that juts out almost on line with the passenger entrance door. Even if a lift is able to access the door at an angle, there would be only 4-11 inches of space between the lift and the propeller assembly. This presents a high risk of costly damage to the aircraft (e.g., according to carriers, up to an estimated $250.000 plus lost revenue from the approximately two months of repair time) if lifts are deployed with only slight imprecision. In addition, the four foot -high doorway, 12 -inch aisle, and high platform on which seats are located present nearly insurmountable barriers to access for non- ambulatory passengers to non -exit row seats. • Jetstream 31—Some lifts cannot access this aircraft because of a curvature of the aircraft doorsill that prevents lifts from interfacing with the aircraft door without damaging the aircraft. Other lifts can interface with the aircraft: however, the low door makes passenger boarding from the lift a very awkward procedure (e.g., a passenger may have to be tilted backward to a nearly supine position to enter the aircraft). The more serious problem, however. is enabling a passenger to get from the aircraft door to a non -exit row seat. To get to the aircraft aisle from the door requires a passenger in a boarding chair to make a 45 -degree turn in the aisle (which is possible only for a passenger with a 12.5 inch width or less). This aircraft has a 13 -inch aisle, but seats overhang the aisle, making it impossible for even a 12 -inch wide boarding aisle to access more than one non -exit row seat. If a passenger is able to get to this seat. the passenger must have good upper body strength and the help of two carrier personnel to be transferred from the chair and lifted over the back of the seat. • Beach 1900 (C and D models}—A cabin configuration similar to that of the jetstream 31 presents very significant barriers to providing access to non -exit row seats for non-ambulatory passengers. The four -foot high aircraft door makes it necessary to tilt a boarding chair to a nearly supine position, with the carrier personnel assisting the boarding having to bend over while maneuvering the chair through the door. A 12 -inch chair cannot fit down the aircraft aisle, and does not allow the maneuvering room necessary for an independent transfer. Passengers must have good upper body strength and assistance from two carrier personnel to rotate and swing their bodies into a seat located behind the chair (or must crawl down the aisle to a seat). The rule includes exceptions from boarding assistance requirements for these three aircraft models. If there are other aircraft that have similar difficulties, the rule gives the Department of Transportation discretion to add to the list. It should be emphasized that air carriers are not authorized to exempt other aircraft from boarding assistance services on their own initiative. It should be noted that there may be situations in which the ability of a passenger to use a boarding chair to get to a non -exit row seat may vary with the passenger's size and weight. For example, a very large. heavy passenger may not be able to fit into the boarding chairs used on narrow -aisle commuter aircraft, or may not be able to walk through a narrow aisle to a seat, while a smaller passenger does not have the same problem. If, for this reason, the passenger cannot get to a seat he or she can use, providing boarding assistance is a futile gesture that the carrier is not required to make. On the other hand, a passenger who cannot climb steps—and therefore needs a lift to board—may be able to walk a few steps to a seat. In such a situation, providing boarding assistance is not a futile gesture, and the rule requires carriers to provide it. If a passenger with a disability asserts that he or she can walk the needed distance from the aircraft door to a non -exit row seat, the carrier must provide the boarding assistance and allow the passenger to attempt to reach the seat. Passengers who use lifts to access commuter aircraft need to know, in advance, whether lift service is available. Passengers are unlikely to be aware which aircraft model their flight will use. Consequently, the Department is amending the information section of the ACAA rule to direct carriers to tell passengers who request the information or who note that they use a wheelchair for boarding whether the aircraft model scheduled to be used for a particular flight is one on which boarding assistance is available. This information would include notice of the availability of boarding assistance at boarding, departure, and intermediate points. In addition, carriers should make such information routinely available on all media through which they make information available to the general public (e.g., 800 numbers, reservation systems, published schedules). The Department emphasizes the critical need for this information to be conveyed accurately and promptly, because, in its 56414 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations absence, the travel plans of individuals with disabilities are likely to be disrupted. Airlines and their agents must ensure that this function is performed. Like other violations of the Air Carrier Access Act, failure to comply with this information provision can subject regulated parties to enforcement action, including civil . penalties. Consideration of issues concerning aircraft design for accessibility is beyond the scope of this rulemaking. We note, however, that some older models of commuter aircraft that present some of these problems appear to be gradually being phased out of the commuter fleet. The 1996 FAA commuter safety standards are likely to accelerate the elimination of some older 19 -seat models from the fleet. The exit row rule is part of an FAA safety rule separate from Part 382. Consideration of changes in that rule related to seat availability in small commuter aircraft are also beyond the scope of this rulemaking. The Department does not believe, given the way aircraft are used and scheduled by carriers, that it would be practicable to require more accessible models of aircraft to be designated or substituted for flights that passengers with disabilities want to use, even on advance notice. 3. Boarding Assistance Methods The NPRM proposed that boarding assistance should be provided using "suitable devices (not normally used for freight)" but that "hand -carrying" (i.e., picking up a passenger's body in the arms of airline personnel) would never be required. There was general agreement among commenters that hand -carrying was a bad idea, for both safety and dignity reasons. Some disability community commenters did say, however, that it should be permitted in an emergency or when a lift was not available or inoperative, at least with the consent of the passenger. The NPRM, like the present rule, did not exclude boarding chairs, used to carry passengers up airstairs, from the scope of "suitable devices" that could be used to provide boarding assistance. It did ask for comment on whether the use of boarding chairs was appropriate for this purpose. Several commenters (including lift manufacturers, disability community commenters, and an airline) said that boarding chairs should be used for this purpose only when a lift is inoperable or when there is an emergency. For most disability community commenters, using a boarding chair in this way is tantamount to hand -carrying and therefore strongly disfavored. (One commenter noted that the use of boarding chairs for vertical access, which it regarded as objectionable, should be distinguished from the use of aisle or transfer chairs on board the lift or aircraft, which are needed to assist many passengers to their seats.) On the other hand, many other commenters (including airlines and their groups, airports, and one disability group) advocated permitting the continued use of boarding chairs when it was more cost-effective to do so (e.g.. at an airport with few enplanements), when it would avoid delay (e.g., when an airport's lift was being used elsewhere), or when a lift was broken. These commenters said allowing the use of boarding chairs in at least some situations would provide greater flexibility to all concerned. DOT Response The main point of this regulation is to ensure that, in as many situations as possible, passengers with disabilities be able to travel by air, with safety and dignity. Having airline personnel carry a passenger up stairs in a boarding chair increases risk of injury both to passengers and airline personnel, and it can often be an undignified and frightening experience for passengers. Consequently, the rule does not permit this practice. This does not mean that boarding chairs and/or aisle chairs cannot be used in the boarding assistance process. Indeed, their use is necessary to get the passenger to a seat from a lift. Nor does it mean that carrier personnel are relieved of their obligation, as part of the boarding assistance process, to assist passengers in transferring from their own wheelchair to a boarding or aisle chair, and then from that device to an aircraft seat. It just means that, under normal circumstances on 19-30 seat aircraft, carrier personnel may not lift passengers in boarding chairs up stairs as the means of effecting the level change needed for boarding. Boarding stairs are not "suitable devices" for this purpose on 19-30 seat aircraft. In abnormal circumstances (e.g., if a lift breaks down and needs to be repaired) or with respect to aircraft that are exempt from the boarding assistance requirement, the carrier would use whatever means are available (including boarding chairs but not hand -carrying) to provide boarding assistance. The use of alternative means is conditioned on the passenger's consent. This is not a requirement to create a means of boarding assistance where none exists or is feasible. It simply means that if a practicable alternative means of providing assistance in fact exists in a particular situation, carriers are to use it. In an emergency evacuation situation, the carrier would obviously do whatever is needed to deal with the emergency, regardless of other considerations. There is apparent unanimity that hand -carrying (in the sense of bodily picking up a passenger for purposes of a level change, as distinct from providing assistance using a boarding or aisle chair or assisting in the transfer of a passenger) is a bad idea. The final rule specifically provides that this practice is never required (other than when necessary for an emergency evacuation). The Department notes that the requirements of this amendment concern boarding assistance only for 19-30 seat commuter aircraft. The existing provisions of Part 382 concerning boarding assistance for larger aircraft (see § 382.39(a) (1)-(3)) remain in effect, without change. Under these requirements, airlines may carry passengers up airstairs in boarding chairs. Airstairs used with larger aircraft are more likely to have sufficient weight-bearing capacity for this type of boarding assistance, and many of the lift models designed for 19-30 seat aircraft do not work with larger aircraft. While the Department believes that use of lifts for boarding is preferable for larger as well as smaller aircraft, changes in the methods of boarding assistance used for the larger aircraft are outside the scope of this rulemaking. 4. Time Frames The NPRM contained two time frames. First, it proposed 9 months from the effective date of the rule for carriers and airports to complete agreements to provide lifts. Second, it proposed 3 years from the effective date of the rule as the implementation date for lift service under the agreements. With respect to the time period for the agreements, airline associations, airlines and some airports suggested a year, principally because they believed it would take that time to work out the multiple agreements necessary under the NPRM. Lift manufacturers and disability groups, on the other hand, favored shorter time frames (e.g., 2-6 months), principally because many years have passed since the ACAA regulations have been in place, lifts have been available for some time, further delay would work a financial hardship on manufacturers, and airlines and airports have had a long time to prepare to provide boarding assistance. Given the accessibility needs of passengers, these commenters did not believe that a longer negotiation period was warranted. An airport association, se :tion. :tever cy, 's of .ng or "er of 1 rule .ce is tion). or 3)) rider uTy rcraft )e of ie lift :raft file lifts is he d for ope from iers S to ule ;r the fines 3r :nes ice. od -.I, Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56415 an airport, and an airline favored the proposed 9-monthperiod. There was a similar variety of views with respect to the implementation date for the agreements. Disability groups and equipment manufacturers favored a 1 or 1'/2 -year implementation period, rather than the three-year period proposed in the NPRM, but supported extensions of up to five years for small airports, as opposed to waivers. These commenters said that lifts are available, that airports and airlines have had a long time to prepare to provide boarding assistance, and that equipment costs were small compared to other costs regularly incurred by airlines and airports. One disability group said that boarding chairs should be required to provide access immediately. On the other hand, an airline association and some state and local transportation agencies favored the proposed 3 -year period. Many of these commenters added that the rule should be flexible, with provisions for granting relief from the deadline if factors such as funding delays or the inability of manufacturers to meet demand prevented parties from complying on time. One airline association said the 3 - year period should start to run from the date of the agreement, rather than the effective date of the rule, because manufacturers would not be able to meet the demand otherwise. Two disability agencies said that implementation should be required as soon as practicable, with three years being the outside limit. Two commenters, an airline and an individual, favored a two-year period. Two lift manufacturers suggested a staggered implementation schedule, with 12-15 months for larger airports, two years for medium-size airports, and three years for small airports. They expressed the concern that, absent such a schedule, acquisition of lifts would be back-loaded at the end of the implementation period. DOT Response The Department's task is to find a good balance between the need to implement accessibility as soon as possible and the need to give parties a reasonable amount of time to do the work needed to accomplish this objective. With respect to the time to conclude agreements, the Department believes that the NPRM proposal of 9 months is a good middle ground between these two considerations, as well as between the concerns expressed by different groups of commenters. With respect to implementation time. the Department will require the agreements to be carried out as soon as practicable, as is the typical practice in disability regulations requiring modifications to facilities or practices (e.g., program accessibility changes required under the Department of Justice ADA Title II regulation). The maximum time for implementation will be two years for large and medium hubs (1.2 million or more annual enplanements), three years for small hubs (250,000-1.2 million annual enplanements), and four years for non - hub primary airports (10,000-250,000 annual enplanements). This phase-in will result in accessibility at the airports carrying the greatest number of passengers sooner (hubs handle 97-98 percent of total enplanements), while reducing costs and burdens at the smaller airports. Again, these time frames represent what the Department believes to be a good balance among the policy considerations and commenter concerns involved. 5. Other issues The NPRM raised the question of whether use of lifts would create schedule disruptions or delays, particularly when multiple demands on lift use might be made. Commenters had a number of thoughts on this point. An airline association said that it takes lo - 15 minutes to get a lift to a given aircraft and board a disabled passenger, possibly interfering with the 5-20 minute turnaround time many carriers try to achieve, leading the group to request a 48-hour advance notice requirement for assistance. Another airline association and an airline also supported the idea of advance notice for boarding assistance, to avoid or help deal with conflicting demands for lift service. Two airlines and an airport expressed concern about delays, particularly at hub airports where there might be multiple demands for assistance, but one of these airlines noted it had no accurate data on the time needed to complete a boarding using a lift. However, airline commenters generally said that boarding passengers in chairs was faster and more cost-effective than using lifts. Two commenters noted that airlines encounter flight delays for a variety of reasons, and thought that assisted boardings would not significantly add to this problem, given their relative infrequency. A lift manufacturer said an actual boarding with its lift took just 3- 5 minutes, faster, it said. than using a boarding chair. Another manufacturer and a state agency noted that, under an FAA advisory circular for lift devices, lift boardings are to be accomplished in six minutes or less, which would also be unlikely to create significant delays. Several disability community commenters also expressed doubts that delays would be a significant problem, saying there was no data to support the idea that a problem would exist. The NPRM also asked about what, if any, training requirements thbre should be for personnel who provide boarding assistance. Two airline associations and two airlines said that no additional training requirements—beyond the general training requirement provided in the existing ACAA rule—was warranted. Airlines already have a vested interest in making sure their personnel perform their duties safely and effectively, one of the associations added. Three equipment manufacturers also opposed additional training requirements, one noting that the FAA advisory circular already called for training for lift operators, one asserting that the training required by the FAA circular was too lengthy, and the other expressing concern about the cost of training to manufacturers. A larger group of commenters, including disability groups, individuals, and state and local agencies, supported more specific training requirements. Four of these specified that sensitivity training should be required. A disability group said DOT should strenuously monitor training, since they saw poorly trained employees as one of the biggest problems that passengers with disabilities encounter. An airport supported training but suggested that it should be provided by manufacturers and carriers (unless the airport actually operated the lift). Three commenters suggested that the use of lifts should be required for aircraft with fewer than 19 seats, if the lifts work with the particular aircraft. One of these commenters noted two small aircraft models with which lifts would work. An airport suggested that this requirement would make sense only in cases where there was an accessible means of deboarding at the destination point. Several disability community commenters said that, whatever the final requirements, allowing denied boardings was not acceptable. Lift manufacturers emphasized their products were available. DOT Response The final rule, like the NPRM, requires boarding assistance under the agreement required by this amendment only for 19-30 seat aircraft. There may be some situations in which the same boarding assistance equipment can be used to provide access to larger or smaller aircraft: Where this is the case, the Department recommends that carriers and airports use it for this 56416 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations purpose, in preference to denying transportation on smaller aircraft or using less desirable means of boarding assistance for larger aircraft. The general ACAA requirement of training to proficiency (including refresher training, as needed, to maintain proficiency) in matters affecting transportation of passengers with disabilities applies to boarding assistance as well as other activities (see § 382.61(a); to the extent that airport personnel are involved in boarding assistance at a given airport, a similar requirement extends to airports through the amendment to 49 CFR Part 27). While training is clearly important for all aspects of transportation accessibility, the Department does not believe, as a general matter, that a separate training requirement specifically focused on boarding assistance is needed. We note that § 382.61 requires refresher training, as appropriate to the -duties of each employee, to ensure that proficiency is maintained. Because, in the absence of means of boarding assistance, some commuter carriers may have served few persons with mobility impairments, carrier employees trained previously may not have maintained proficiency in boarding assistance and other matters necessary to proper service to such passengers. Where this is the case, the training requirements of the ACAA call for bringing relevant personnel up to proficiency in all these matters. There is one exception. The training requirements of § 382.61(a) apply only to carriers who operate aircraft with more than 19 seats. Carriers who operate aircraft with 19 seats, but do not operate larger aircraft, are not covered by this requirement. Consequently, this rule will require any carriers falling into this category to provide training to proficiency in boarding assistance for those personnel who perform boarding assistance duties. This amendment does not require such carriers to carry out other training responsibilities under § 382.61(a), although it is intended that employees of these carriers receive refresher training as needed to maintain proficiency in boarding assistance services. The information provided by commenters concerning the time required for assisted boarding varied considerably. Even given the lengthier scenarios, however, it is not reasonable to conclude—absent a massively larger demand for assisted boardings than any commenters have anticipated—that significant systemic schedule disruption is likeiy to occur. As some commenters pointed out, individual flights are delayed for a varied o' reasons— weather, mechanical problems, air traffic congestion, waiting for passengers from incoming connecting flights, etc. --on a routine basis. No one likes these delays, but it seems fanciful to suggest that delays from lift boardings of disabled passengers will make a significant difference in the overall pattern of delayed flights, or have a measurable effect on a carrier's overall on-time performance record. The Department is not persuaded that this concern warrants adding a 48-hour advance notice requirement for boarding assistance. Obviously, passengers may wish to inform carriers of their plans in advance to attempt to make their arrangements as smooth as possible. However, as in the case of passengers who are traveling with electric wheelchairs, we believe it is reasonable for airlines to have some reasonable amount of time to provide the service in question. Consequently, carriers will be permitted to require that an individual needing lift service check in at least an hour before scheduled departure. Airport Facility Requirements Background/NPRM The Department's current section 504 and ACAA provisions concerning airport facilities differ in a number of - details. This NPRM proposed to make changes to harmonize the two sets of requirements. The Department published a notice of proposed rulemaking for section 504 and an advance notice of proposed rulemaking under the ACAA that would have harmonized the two provisions in 1990, at the same time as it published its ACAA final rule. The Department received very few comments in response to those notices, and manv of the specific points raised by the commenters have been overtaken by the enactment of the Americans with Disabilities Act (ADA). The NPRM proposed to add requirements in the ACAA and section 504 rules for a "program accessible" path from the beginning of a passenger's encounter with the airport facility to the aircraft door, with emphasis on the means of moving between the gate and the aircraft. This is a particular concern with respect to commuter aircraft, which typically do not use loading bridges, and passengers often have to descend from the gate level to the tarmac level to board the aircraft. The proposal suggested that meeting Title III or Title U ADA standards was an appropriate requirement for airports and airlines under the ACAA and section 504, respectively. Because ADA facility accessibility standards say little specifically about airports, the Department proposed to retain, with some modifications, the airport -specific requirements of the current ACAA and 504 rules. The NPRM sought comment on whether doing so would be confusing or duplicative. The NPRM repeated the existing language of the ACAA regulation concerning telecommunication devices for the deaf (TDDs), saying that at least one TDD shall be placed in each terminal. The NPRM asked for comment on how this requirement should be interpreted and implemented. Comments Two issues predominated in commenters' discussion of this portion of the proposal: the idea of an accessible path through the airport and the placement of TDDs. A disability group objected to the accessible path proposal on the basis that it fell short of what was required by the ADA and ACAA. This commenter also said that such steps as using a boarding chair to carry a passenger down steps from the gate level to the tarmac was not a proper part of an accessible path. A state agency said that using program accessibility approaches other than facility modification had saved the commenter a substantial amount of money. Three disability community commenters said that the ADA accessibility guidelines (ADAAGs) should apply to an accessible path through airports. An airport association and an individual suggested that airports should have five years to implement an accessible path. An airport supported the accessible path concept, as long as the rule made clear that boarding assistance was the airlines' job. An individual said that airports should have a disability specialist available to assist passengers. A state agency noted that there were some inconsistencies between the .! ,DAAGs and the ACAA provisions that the NPRM proposed to retain, and also pointed to inconsistencies between the ADAAGs and the Uniform Federal Accessibility Standard (UFAS), which public entities could choose to use under Title H of the ADA. With respect to TDDs (one commenter suggested using the term "TTYs" instead), two commenters suggested requiring improved signage to direct passengers to where the instruments were located. A number of commenters asked for more specificity in the definition of "terminal," to avoid differing interpretations. A disability agency suggested simply using the ADAAG stnrieard for placement of these E phon supp speci TDD man, 1 vand favor avoi( jjj ACA ■ i• Tr sung of ai mak sect: ACF othe acct the . ther ai p airli obli faci. acct Stan poi bef T rely tha, tern sul the imi airy ple rea acc ter "d, tra air Ay 'ut to ie he deaf )D he this and ;tion !ssible •oup posal at was 'his is as e �r part y ty inter ree said yes ,ssible ested to gers. ,e ; that also the ch enter i t a .ters v iese Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56417 phones, while a TDD manufacturer supported specifying a number of specific locations in terminals where TDDs would have to be placed. (This manufacturer quoted a $995 price for a vandal -resistant public unit.) An airline favored keeping the existing standard, to avoid confusion between ADA and ACAA requirements. DOT Response The Department believes that the simplest and best solution to the issue of airport accessibility standards is to make applicable to airports (through section 504) and airlines (through the ACAA) the requirements applicable to other public facilities and public accommodations of Titles II and III of the ADA, respectively. This means that there will be one common standard for airport access, under which airports and airlines will be subject to the same obligations as other transportation facilities and places of public accommodation. Special airport -related standards that, as some commenters pointed out, could cause confusion will be eliminated. This approach is consistent with the. relationship among disability statutes that Congress intended. Air carriers' terminal facilities appear not to be subject to direct ADA coverage. Under the Department of Justice (DOJ) rules implementing Title III of the ADA, airport terminals are not viewed as a place of public accommodation. The reason is that places of public accommodation include only those terminals used for the provision of "designated" or "specified" public transportation, and transportation by aircraft does not constitute "designated" or "specified" public transportation. Congress excluded transportation by aircraft from these ADA provisions because Congress had already subjected carriers to the ACAA, and it did not want to impose duplicative requirements. The language and legislative history of the ADA, however, reveal no Congressional intent that carriers' facilities be subject to any different substantive requirements from those affecting places of public accommodation. It is clear that carriers have an ACAA obligation with respect to airport facilities. In defining the standard by which carriers' compliance with this obligation is judged. the Department believes it makes sense to refer to the ADA standard for public accommodations. Consequently, the final rule provides that carriers, with respect to terminal facilities and services. would be deemed to comply with their ACAA obligations if they meet the requirements spelled out for places of public accommodation in Department of Justice Title III ADA rules. Under Department of Justice regulations implementing Title II of the ADA (28 CFR Part 35), "title II applies to everything and anything a public entity does * * * All governmental activities of public entities are covered." (56 FR 35696; July 26, 1991). Public airport authorities are public entities for purposes of Title II; consequently, their activities and facilities appear subject to the requirements of DOJ Title II rules. It has long been clear that airport authorities that receive DOT financial assistance are subject to section 504 of the Rehabilitation Act of 1973, as amended. In amending the Department's section 504 rule provision concerning DOT -assisted airports, it makes sense to refer to ADA standards. (Congress, in enacting the ADA, made clear that it intended for consistent substantive standards to apply under both statutes.) Therefore, under the final rule, the basic standard for judging whether a public airport authority complies with section 504 is compliance with the DOJ rules for Title II of the ADA. Obviously, there are some portions of airports at which airport operators' section 504 obligations and the ACAA. obligations of carriers overlap. The Department believes that these overlaps can be treated in the same manner as the relationships between public entity landlords and private entity tenants discussed in the -Department of Justice ADA regulations. This means, of course, that airports and airlines will have to work out accessibility issues and relationships at the local level. This approach means that there will not be special requirements in the DOT rules concerning such issues as placement of TDDs and inter -terminal transportation. Inter -terminal transportation will be subject to the DOT ADA regulations affecting transportation services generally. (Intra - terminal transportation, as a service provided by airlines and/or airports, is subject to the same Title II or Title III requirements as any other service. There are no ADAAG standards applicable to the design or construction of intra - terminal vehicles, such as the electric carts used in many airports.) Placement of TDDs will be subject to the same standards affecting public facilities and places of public accommodation under the ADA. Consequently, the issue concerning the definition of "terminal" for TDD placement purposes becomes moot. We point out that not only the general terminal areas, but also some areas open to part of the traveling public (e.g., the airline "clubs" providing special accommodations in terminals to frequent fliers or persons who pay a fee to the airlines) are subject to t} e accessibility requirements of this rule. These are spaces that, in Title III terms, would be places of public accommodation, and it is unlikely that most would fall within the limited "private club" exception to the ADA, as defined in the Department of Justice Title III rules. One implication of this coverage is that, if telephone service is provided to "members" within the club space, then TDD requirements would apply to the "club." It would not be consistent with the rules for the carrier to refer the passenger to a TDD phone in the general passenger area of the terminal, since the whole point of the club is to provide a refuge from the noise and bustle of the terminal. The rule provides that the Americans with Disabilitv Act Accessibility Guidelines (ADAAGs) will be the standard by which airport facility accessibility will be judged. The ADAAGs include a provision (10.4.1) dealing with new construction at airports. This provision applies directly to new construction and alterations at airports. It is also the standard for modifying facilities to meet accessibility requirements for existing facilities, under the "program accessibility" (see 28 CFR § 35.150) or "barrier removal" (see 28 CFR § 36.304-305) provisions of the Department of Justice Title II and Title III rules. The Department is aware that, for the present, public entities subject to Title II of the ADA can choose between compliance with the ADAAGs and compliance with the Uniform Federal Accessibility Standards (UFAS), which differ in some particulars from the ADAAGs. The Department of Justice, DOT, and the Architectural and - Transportation Barriers Compliance Board (Access Board) have proposed applying the ADAAGs as the exclusive standards for Title R entities. Rather than further amend the ADA and ACAA rules after this ADA rule change goes into effect, we believe it is more sensible to use the ADAAGs as the standard for airport accessibility at this time. We regard the ADAAGs as the pre-eminent accessibility standard at this time, and its use will also avoid any inconsistency between the standards applicable to airlines and airports under this rule. Given the application of ADA requirements and standards to airport facilities, the only point on which the Department believes it is necessary to spell out an additional specific requirement concerns an "accessible 56418 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations path" for level changes between gate and aircraft boarding areas. The Department clearly interprets ADA requirements as applying to the path an individual must take between the entrance to the airport and the means of boarding the aircraft, specifically including the way a passenger moves between the gate and the aircraft. This is important because, in many cases, the gate area will be on an upstairs level of an airport, while aircraft—particularly small commuter aircraft --are boarded from the tarmac. The basic idea is that a key aspect of airports' and carriers' program ---getting someone through the airport and onto an aircraft—must be accessible to individuals with disabilities, including those using wheelchairs. Communicable Diseases Background Section 382.51 of the existing ACAA rule provides that a carrier may not refuse transportation to a passenger, require the person to provide a medical certificate, or impose other conditions or restrictions on passengers, on the basis that the passenger has a communicable disease, except with respect to an individual who has a communicable disease or infection which has been determined by the U.S. Surgeon General. the Centers for Disease Control, or other Federal public health authority knowledgeable about the disease or infection, to be transmissible to other persons in the normal course of flight This provision was originally designed in response to a number of incidents in the 1980s in which persons with AIDS had been denied transportation or otherwise discriminated against by air carriers, apparently because of fear of, or misinformation about, HIV infection and how it is transmitted. It subsequently became apparent to the Department that this provision of the rule needed clarification. Given the absence of definitive guidance from the Surgeon General, the Centers for Disease Control, or the Public Health Service, (which the Department has - unsuccessfully sought), the closest approach to medical guidance the Department has been able to find is a Food and Drug Administration (FDA) regulation listing several diseases (e.g., infectious tuberculosis, several viral hemmoragic fevers) appropriate for travel restrictions. The Department issued guidance based on this FDA list, stating that since other diseases have not been named by Federal public health authorities, carriers may not deny or restrict transportation of persons with other diseases. Carrier medical personnel expressed the concern that this guidance is too restrictive, leading to potential conflicts between the rule and their normal, prudent medical judgment. They have cited persons in the infectious stages of chicken pox or measles as persons who it may be appropriate to restrict, to protect the health of other passengers. In response to their concern, an airline association requested that the Department withdraw the guidance in question. In addition, it has been pointed out that, read literally, the current regulatory provision could be construed to allow carriers to exclude persons with illnesses that are clearly communicable by airborne transmission or casual contact but which are not serious for most persons, such as the common cold (the Department would not construe the rule in this fashion, however). The Department based its NPRM proposal on three principles: (1) It is reasonable for carriers to impose restrictions on transportation only of persons with diseases that are readily communicable, in the normal course of flights, by airborne transmission or casual contact. (For example, restrictions could not be imposed on persons because they were infected with HIV.) (2) It is reasonable for carriers to impose restrictions on transportation only of persons with diseases that normally have serious consequences for the health of persons who catch the disease. (For example, restrictions could not be imposed on persons because they have a common cold.) (3) Carriers should impose restrictions on persons for reasons relating to communicable diseases only with the advice and concurrence of a physician. (That is, airline personnel such as pilots, flight attendants, or gate agents could not make unilateral decisions to impose restrictions on passengers.) NFRM The Department proposed rewriting the current § 382.51(b) to reflect these three principles. The NPRM proposed two methods carriers could use to implement these principles. First, when faced with someone who may have a contagious disease that may make travel inadvisable, the carrier can obtain a specific recommendation from a physician. Second, the carrier, together with its medical staff or consultants, could devise a list of diseases that can affect travel, consistent with the three principles. The list would include information on the stages of various diseases during which travel would be contraindicated. The list would be made part of the carrier's regular information base for employees (e.g., manuals, computer reservation system instructions). The NPRM suggested that carriers, to promote consistency, should coordinate a single, unified list, so the same diseases have the same consequences on all airlines. Under'the proposal, in cases where there is no dispute between the carrier and a passenger over the fact that a passenger has a disease on the list at a point in time when it is contagious, the passenger could be denied transportation until a later time without the carrier having to obtain a recommendation from a physician in the particular case. However, if the passenger denied that he or she has a disease on the list, or acknowledges having the disease but insists that it is not at the stage which the list describes as infectious, then the carrier employee would have to consult a physician. In addition, the proposed amendment stated that airlines would have to impose the least restrictive alternative in communicable disease situations (e.g., should not deny transportation when requiring a medical certificate is sufficient); would allow a passenger to travel at his or her original fare if travel is postponed as the result of having a communicable disease; and would provide, on request, a written explanation of any restrictions that are imposed for reasons relating to communicable diseases. Comments One airline and a number of disability community commenters supported the NPRM proposal. One disability group suggested adopting the Department of Justice's "direct threat" standard (from DOJ's ADA Title III rule), including its requirement that there be an individualized assessment, based on reasonable judgment that relies on current medical knowledge or the best objective evidence available, to ascertain the nature, duration, and severity of the risk, as well as mitigation measures that could apply. Providing the passenger a face mask was one mitigating measure suggested by two commenters. Another such group recommended that the carrier should be required to consider the recommendations of the passenger's treating physician, while a carrier said that the passenger's personal physician should certify that the individual can fly safely. With respect to the idea of a list of communicable diseases, airlines and their associations had a variety of comments. One airline wanted DOT to create the list. Other airlines wanted a Federal health agency to create a list, said the medical community's input should io the here 'arrier .a it at a us, the vithout ,n in he las a ges it it is >cribes ployee n. idment :alive )ns :ion :ate is ger to 'travel ng a A at are sability ed the roup nt of ,from ag its on n best I igation ling wo uld be r said >ician can fly of nd )T to ed a ,St. ,ut Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56419 should be obtained, that there should be flexibility to add new diseases to the list, and that there should be uniformity in any such list given that passengers often use more than one carrier fort trip. Two carriers said that airlines, which do not have extensive medial staffs, should not be assigned the task off creating a list. For the same reason, one association said that an industry group should be formed to compilethe List. Another association questioned the utility of such a list, since new diseases appear from time to time, and reliaalce on a list would be a disincentive to considering individual circumstanoes. With respect to the idea of s consultation with a physician, two carriers objected that it was impramcal to seek medical advice in each cases{ and that airline personnel should ha%mdie discretion to deny boarding. An Mine association suggested that qualifiedi medical personnel other than a physician should be permitted toseke the determination involved, since physicians might not be available$ a timely fashion. Other comments included a regeest by an airline association that disesobs transmissible by casual contact, =*ell as by airborne means, should be a i ground for restricting travel, a suggestion by the same group thatsiny ability to travel at a later date be liiLited to 60 days, and a request by a disability organization that carriers be requuOd to reimburse passengers for expenses., incurred because of a carrier's decgsion to postpone travel. DOT Response The Department has consideredthe comments on this issue carefully, recognizing the difficulty that carriers and passengers can have in making judgments about when it may be inappropriate for a passenger to travel because of illness. Based on comments, the Department's discussions with Federal health officials over a period of several years, and the lack of expertise within the Department, we have decided that it is not feasible for us to compile a list of diseases that would warrant a denial of transportation or to ask carriers to do so. Consequently, we are not adopting the portion of the proposal concerning lists. With respect to the criteria for making decisions on these issues, the Department believes the best available model is the "direct threat" language in the Department of Justice's Title III ADA regulation. The DOJ language reads as follows: Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk: the probability that the actual injury will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk. 28 CFR § 36.208). This is well-established language that gives due regard to both nondiscrimination on the basis of disability and the need of a public accommodation to make reasoned judgments to protect the health and safety of other persons. Consequently, the final rule adapts this language to the context of air travel. This approach is compatible with the Department's purposes in publishing its NPRM. For example, a communicable disease that is not readily transmissible by airborne means or by casual contact is unlikely to pose a direct threat; nor would a disease that, if communicated by these means, does not pose a significant health threat to the general passenger population. AIDS, on one hand, and the common cold, on the other, are examples of communicable diseases that would not generally pose direct threats. Making medical judgments cannot be entrusted to personnel without medical training. Consequently, it is unlikely that a "direct threat" finding could be made about a communicable disease that did not rest on a medical determination by a physician or nurse. This direct threat concept dovetails with the requirement that the airline find the least restrictive means of addressing an identified risk. It is not consistent with this provision to deny transportation to someone if a medical certificate, or a face mask, or seating the individual a few rows away from other passengers. on a half -full flight, or some other action will be sufficient to mitigate the risk to other passengers involved to the point where the individual can travel without endangering others. While it would be useful for an airline concerned about a passenger's condition to consult with the passenger's physician, we do not believe that it is necessary to mandate such consultation in the regulation. Such consultation occurs in many cases now; certainly it would be a reasonable part of the process needed to make a direct threat determination. Nor do we believe it would be appropriate to require carriers to compensate passengers whose travel is delayed for medical reasons under this section. Denial of service by a carrier under these circumstances does not constitute improper conduct that should result in compensation. We note that the NPRM already covered diseases spread by casual contact as well as airborne means, and the final rule retains this point. Finally, we agree with the comment that someone whose travel is postponed for this reason should not have perpetual right to make the trip. We think that a 90 -day limit could fairly be imposed by the carrier. The FAA is conducting research into cabin air quality issues, which, beginning next year, will include research into the risk of passengers and crews contracting infectious diseases. In addition, there is a multiagency working group under the auspices of the Committee on International Science, Engineering, and Technology Policy of President Clinton's National Science and Technology Council. This group is reviewing the U.S. role in detecting, reporting, and responding to outbreaks of new and re-emerging infectious diseases. To the extent that research or recommendations from these or other sources provides additional information bearing on policies affecting airline transportation of individuals with communicable diseases, the Department can take account of it in future rulemaking. Other Issues In both the ACAA and section 504 rules, the NPRM proposed updating terminology (e.g., changing "handicapped person" to "individual with disabilities") consistent with practice under the ADA. The proposed section 504 amendment would also make two administrative additions, requiring the submittal of transition plans by any airports which had not already done so and specifically applying nondiscrimination on the basis of disability requirements to subsidized Essential Air Service (EAS) carriers. Unlike most carriers, who do not receive Federal assistance, these carriers have been covered under the existing section 504 rule, but they have not been mentioned specifically, since Part 27 was promulgated before the Essential Air Service program came under DOT jurisdiction in January 1985. This administrative addition does not create any new obligations for subsidized EAS carriers. One airline commented that airlines should not have to change the terminology in their compliance manuals if the rule's terms change. We agree, and we are not imposing such a requirement. There were not any other 56420 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations comments on these proposals, which the Department will adopt as proposed. The NPRM asked for comment on three other issues—seating accommodations for persons with disabilities, provisions concerning collapsible electric wheelchairs, and matters relating to the use of oxygen by passengers. These issues are addressed in a separate supplemental notice of proposed rulemaking in today's Federal Register. Withdrawal of 1990 Supplemental Notice of Proposed Rulemaking In the March 6, 1990, issue of Federal Register in which the Department published the original 1990 Air Carrier Access Act final rule, the Department also published a supplemental notice of proposed rulemaking (SNPRM; 55 FR 8076; RIN 2105—AB61). The Department is withdrawing this SNPRM at this time. The SNPRM concerned three subjects: airport transportation systems, standards for boarding chairs. and substitute service when boarding assistance is not available for small commuter aircraft. These matters have been overtaken by the present rulemaking, which applies ADA standards to airport transportation systems and requires boarding assistance, using lifts rather than boarding chairs, for small commuter aircraft. The withdrawal is an administrative action that will remove from the Department's regulatory agenda an item pertaining to an NPRM on which no further action is anticipated. Guidance Concerning Service Animals m Air Transportation The Department receives frequent questions about the transportation of service animals by airlines. On July 26, 1996, the Department of Justice issued Americans with Disabilities Act guidance concerning the access of service animals to places of public accommodation. The following guidance is based on the DOJ issuance, with adaptations to the context of air transportation and answers to questions the Department has been asked. The Department of Transportation's rules protecting the rights of air travelers with disabilities require air carriers to permit passengers to fly with their service animals. The Air Carrier Access Act (ACAA) rules say the following: Carriers shall permit dogs and other service animals used by individuals with disabilities to accompany the person on a flight. (1) Carriers shall accept as evidence that an animal is a service animal identification cards, other written documentation, presence of harnesses or markings on harnesses, tags or the credible verbal assurances of the qualified individual with disabilities using the animal. (2) Carriers shall permit a service animal to accompany a qualified individual with disabilities in any seat in which the person sits, unless the animal obstructs an aisle or other area that must remain unobstructed in order to facilitate an emergency evacuation. (14 CFR § 382.55(a)) If a service animal cannot be, accommodated at the seat location of the qualified individual with disabilities whom the animal is accompanying ... the carrier shall offer the passenger the opportunity to move with the animal to a seat location, if present on the aircraft, where the animal can be accommodated, as an alternative to requiring that the animal travel with checked baggage. (14 CFR § 382.37(c)) The questions and answers below are intended to help carriers and passengers understand how to respond to service animal issues. 1. Q: What is a service animal? A: Under the ACAA, a service animal is any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If the animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government. 2. Q: What work do service animals perform? A: Service animals perform some of the tasks and functions that the individual with a disability cannot perform for him or herself. Guide dogs that help blind individuals are the type of service animal most people are familiar with. But there are service animals that assist persons with other types of disabilities in their day-to-day activities. Some examples include-- • Alerting persons with hearing impairments to sounds. • Pulling wheelchairs or carrying and picking up things for persons with mobility impairments. • Assisting persons with mobility impairments with balance. An animal that does not perform identifiable tasks or functions for an individual with a disability probably is not a service animal. However, it is not essential that the animal perform the functions for the individual while be or she is traveling on the aircraft. The functions can be ones that the animal performs for the individual at his or her destination. 3. Q: What must an airline do when an individual with a disability using a service animal seeks to travel? A: The service animal must be permitted to accompany the passenger with a disability on the flight. The animal must be allowed to accompany the individual in any seat the individual uses, except where the animal would obstruct an aisle or other area required by Federal Aviation Administration safety rules to remain unobstructed for emergency evacuation purposes. Service animals are typically trained to curl up under seats, which should reduce the likelihood of such an obstruction. If such an obstruction would occur, the animal (and passenger, if possible) should be relocated to some other place in the cabin where it will not create such an obstruction. If there is no space in the cabin that will accommodate the animal without causing such an obstruction, then the animal is not permitted to travel in the cabin. To accommodate service animals, airlines are not required to ask other passengers to relinquish space that they would normally use. For example, the passenger sitting next to an individual traveling with a service animal would not need to allow the space under the seat in front of him or her to be used to accommodate the animal. 4. Q. Is a service animal a pet? A: A service animal is not a pet. A service animal is a working animal that performs important functions for an individual with a disability. The individual with a disability has been trained in 'the use of the service animal and is responsible for all handling of the animal. Consequently, carrier personnel and other passengers should not attempt to pet, play with, direct, or in any way distract service animals. It is also important to realize that a pet is not a service animal. Many people enjoy the companionship of animals. But this relationship between an individual and an animal, standing alone, is not sufficient to cause an animal to be regarded as a service animal. 5. Q: How do the requirements of the ACAA rule concerning service animals relate to an airline's rules about carrying pets? A: Airlines may have whatever policy they choose concerning pets. consistent with U.S. Department of Agriculture animal welfare rules. For example, they can refuse to carry any pets. They can carry pets only in containers stowed in the cargo compartment. They can allow small pets in carriers that fit under the s s b 0 a- il it b, a, 7 a: ai of a% ar at of ex w A an th .en an •;a enger e i pany .ividual ould :uired .on ed for Service url up the ccur, sible) r place ate space ite the of als, her :at they e, the idual could !r the :sed to t. A :al that - an een _riimal :g of the rsonnel attempt v way iat a people .lals. ng n f the nimals policy .sistent ure .o. they can .. ed in allow :r the Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56421 seat. Since service animals are not pets, the ACAA requires airlines to modify their pets policies to allow service animals to accompany persons with a disability in the cabin. When an animal is determined by the airline not to be a service animal, then the airline would apply to the animal the same policy that applies to pets. In any situation in which the airline determines that an animal is not a service animal, the airline must continue to give the passenger the opportunity to travel without having the service animal in the cabin. It is not appropriate to deny transportation to a passenger because the passenger's animal is determined not to be a service animal. 6.0: How can I tell If an animal really is a service animal and not just a pet? A: Some, but not all, service animals, wear special collars or harnesses. For example, guide dogs used by persons with vision impairments typically wear harnesses that enhance their ability to guide the visually impaired person. Some, but not all, service animals are licensed and certified and have identification papers. If airline employees are not certain that an animal is a service animal, they may ask the person who has the animal if it is a service animal required because of a disability. However, an individual who is planning to travel by air is not necessarily going to be carrying around documentation of his or her medical condition or disability. Therefore, while such documentation may be requested as a means of verifying that the animal is a service animal, it generally may not be required as a condition of permitting an individual to travel with his or her service animal. (See Question 9 for a situation in which documentation may be required.) Likewise, while a number of states have programs to certify service animals, airline employees may not insist on proof of state certification before permitting the service animal to accompany the person with a disability. 7. Q: What are "credible" verbal assurances that an animal is a service animal? A: In the absence of documentation or other obvious evidence that an animal is a service animal, the only information available to airline employees about the animal may be what a passenger says about his or her disability and the use of the animal. Airline employees may exercise their judgment concerning whether the passenger's statements about the training and functions of the animal make it reasonable to think that the animal is a service animai. The factors discussed in this guidance (e.g., the nature of the individual's disability, the training the animal is said to have received, its ability to behave properly in public places, the functions it is said to perform for the individual) can be used in evaluating the credibility of the passenger's statements. An airline complaints resolution official (CRO), whom the Department's ACAA rules require to be available at each airport that the airline serves, is a resource that passengers and airline employees can use to resolve difficult cases. 8. Q: What about unusual or multiple animals? A: Most people are familiar with the use of dogs as service animals. On some occasions, however, individuals may ask to be accompanied in an aircraft cabin by other kinds of animals. For example, in a few cases, monkeys havo been trained to provide services to persons with severe mobility impairments. There have been cases of passengers requesting to be accompanied by reptiles or rodents. In addition, some passengers have asked to travel with more than one animal at a time. In evaluating these situations, airline employees should keep in mind some of the important characteristics of service animals. Service animals are trained to perform specific functions for an indivudal with a disability, and they are trained to behave properly in public places. Service animals are generally trained to work on a one-to-one basis with an individual with a disability. Airline employees may inquire about these matters and may use their judgment about whether, in light of these factors, a particular animal is a service animal. as distinct from a pet that a passenger wants to bring on board. 9. Q: How should airline employees respond to a claim that being accompanied by an animal is necessary for the emotional well-being of an individual with a mental or emotional disability? A: Many people receive emotional support from being near an animal. The assertion of a passenger that an animal remaining in his or her company is a needed accommodation to a disability, however, may often be difficult to verify or to distinguish from the situation of any person who is fond of a pet. In addition. the animal may not, in such a situation, perform any visible function. For these reasons, it is reasonable for airline employees to request appropriate documentation of the individual's disability and the medical or theraputic necessity of the passnger's trave'ing with the animal. Moreover, the animal, like any service animal, must be trained to behave properly in a public setting. 10. Q: What about service animals that are not accompanying a passenger with a disability? Sometimes, an animal that is trained to work with people with disabilities may travel by air but not be accompanied by an individual with a disability for whom the animal performs service animal functions. For example, a non -disabled handler may transport a "therapy dog" to a location, such as a rehabilitation center, where it will perform services for individuals with physical or mental disabilities. The Department's Air Carrier Access Act regulation intended to assist passengers with disabilities by ensuring that they can travel with the service animals that perform functions for them. When a service animal is not accompanying a passenger with a disability, the rule's rationale for permitting the animal to travel in the cabin does not apply. While the animal may be traveling to a location where it will perform valuable services to other people, it would be subject to the airline's general policies with respect to the carriage of animals. 11. Q: What if an animal acts out of control? A: Service animals are trained to behave properly in public settings. For example, a properly trained service animal will remain at its owner's feet. It does not run freelv around an aircraft or airport gate area, bark or growl repeatedly at other persons on the aircraft, bite or jump on people, or urinate or defecate in the cabin or gate area. An animal that engages in such disruptive behavior shows that it has not been successfully trained to function as a service animal in Dublic settings. Therefore, airlines are not required to treat it as a service animal. even if the animal is one that performs an assistive function for a passenger with a disability. However, airline personnel should consider available means of mitigating the effect of an animal's behavior that are acceptable to the individual with a disability (e.g., muzzling a dog that barks frequently) that would permit the animal to travel in the cabin. While an airline is not required to permit an animal to travel in the cabin if it engages in disruptive behavior, or other behavior that poses a direct threat tc the health or safety of persons on the aircraft, airline employees may not make assumptions about how a 56422 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations particular animal is likely to behave based on past experience with other animals. Each situation must be considered individually. Airline employees may inquire, however, about whether a particular animal has been trained to behave properly in a public setting. 12. Q: Can airlines charge a maintenance or cleaning fee for customers who bring service animals onto aircraft? A: No. The ACAA prohibits special charges, such as deposits or surcharges, for accommodations required to be made to passengers' disabilities. This is true even if such charges are routinely regired to transport pets. However, an airline can charge passengers with disabilities if a service animal causes damage, so long as it is the regular practice of the airline to charge non -disabled passengers for the same types of damages. For example, the airline can charge passengers with a disability for the cost of repairing or cleaning seats damaged by a service animal if it is the airline's policy to charge when non -disabled passengers cause similar damage. 13. Q: Are airlines responsible for the animal while a person with a disability is on the aircraft? A. No. The care and supervision of a service animal is solely the responsibility of its owner. The individual with a disability has been trained in the use of the service animal and is responsible for all handling of the animal. The airline is not required to provide care or food or special facilities for the animal. Regulatory Analyses and Notices This is not a significant rule under Executive Order 12866. It is a sigtlificant rule under the Department's Regulatory Policies and Procedures. A regulatory evaluation that examines the projected costs and impapts of the lift requirements in the rule has been placed in the docket. Briefly, the Department estimates that equipment and operational costs of the lift requirement (net present value over 20 years) will range between $18.6 and $51.8 million. In terms of benefits, the analysis suggests that an additional 450,000 trips to mobility -impaired travelers could result from the availability of lift devices, resulting in a net present value profit to carriers of $48 million over 20 years. There are, in addition, non -quantifiable benefits (e.g., greater travel opportunities for passengers, greater dignity in the boarding process). The airport accessibility provisions of the rule are not projected to have significant costs. We note that Federally -assisted airports have been subject to very similar requirements under section 504 since the first publication of 49 CFR Part 27 in 1979. Airlines have been subject to very similar requirements since the first publication of 14 CFR Part 382 in 1990. New costs related to moving to ADA -based standards should not be great, and are limited in any case by the readily achievable/program accessibility provisions made applicable to airlines and airports, respectively. The Department certifies that this rule, if adopted, would not have a significant economic effect on a substantial number of small entities. There are not a substantial number of small air carriers covered by this rule, particularly given the exclusion of "problem aircraft" and aircraft with fewer than 19 seats from boarding assistance requirement. These aircraft are heavily represented among the smallest air carriers. The smallest airports are excluded from the boarding assistance rule altogether; other small airports will have costs reduced by the 4 -year phase-in for them. For all airports, terminal accessibility requirements are not expected to be costly. They are very similar to existing requirements, and they include provisions ensuring that unduly burdensome changes are not required. Consequently, the Department does not anticipate a significant economic effect on small airports. The Department has determined that there would not be sufficient Federalism impacts t9 warrant the preparation. of a Federalism Assessment. List of Subjects in 14 CFR Part 382 and 49 CFR Part 27 Aviation. Handicapped. issued this 8th day of October, 1996, at Washington, D.C. Federico Peiia, Secretary of Transportation. For the reasons set forth in the preamble, the Department amends 14 CFR Part 382 and 49 CFR Part 27 as follows: 1. The authority citation for 14 CFR Part 382 is revised to read as follows: Authority: 49 U.S.C. 41702, 47105, and 41712. 2. In 14 CFR Part 382, including the title thereof, the word "handicap" is revised to read "disability" wherever it occurs. The term "handicapped individual" is revised to read "individual with a disability" wherever it occurs. The term "handicapped individuals" is revised to read "individuals with a disability" whenever it occurs. The term "qualified handicapped individual" is revised to read "qualified individual with a disability" wherever it occurs. The term "qualified handicapped individuals" is revised to read "qualified individuals with a disability" wherever it occurs. 3. In 14 CFR Part 382, § 382.23 is revised to read as follows: §382.23 Airport facilities. (a) This section applies to all terminal facilities and pervices owned, leased, or operated on any basis by an air carrier at a commercial service airport, including parking and ground transportation facilities. (b) Air carriers shall ensure that the terminal facilities and services subject to this section shall be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Air carriers shall be deemed to comply with this Air Carrier Access Act obligation if they meet requirements applying to places of public accommodation under Department of Justice (DOJ) regulations implementing Title III of the Americans with Disabilities Act (ADA). (c) The carrier shall ensure that there is an accessible path between the gate and the area from which aircraft are boarded. (d) Systems of inter -terminal transportation, including, but not limited to, shuttle vehicles and people movers, shall comply with applicable requirements of the Department of Transportation's ADA rule. (e) The Americans with Disabilities Act Accessibility Guidelines (ADAAGs), including section 10.4 concerning airport facilities, shall be the standard for accessibility under this section. (f) Contracts or leases between carriers and airport operators concerning the use of airport facilities shall set forth the respective responsibilities of the parties for the provision of accessible facilities and services to individuals with disabilities as required by this part for carriers and applicable section 504 and ADA rules of the Department of Transportation and Department of Justice for airport operators. 4. In paragraph (a)(2) of § 382.39 of 14 CFR Part 382, in the first sentence thereof, the word "suitable" is added before the word "devices" and two sentences are added at the end of the paragraph reading as follows. § 38249 Provision of services and equipment. (a)... alified A to a term ils" is ,als urs. is rminal led, or :rrier tthe bject :essible who I be .arrier t ,f 3tions +ricans there gate tre �ople able f i ties AAGs), dard t. :arriers he use he )arties ilities -t for 4 and )of 14 led 0 the Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 5642" (2) * * * In no case shall carrier personnel be required to hand -carry a passenger in order to provide boarding assistance (i.e., directly to pick up the passenger's body in the arms of one or more carrier personnel to effect a level change the passenger needs to enter or leave the aircraft). Requirements for providing boarding assistance to commuter aircraft with fewer than 30 seats are found in § 382.40. § 38239 (Amended] 5. In § 382.39 of 14 CFR Part 382, paragraph (a)(4) is removed. 6. A new § 382.40 is added, to read as follows: § 38240 Boarding assistance for small aircraft (a) Paragraphs (b) and (c) of this section apply to air carriers conducting passenger operations with aircraft having 19-30 seat capacity at airports with 10.000 or more annual enplanements. (Pb) Carriers shall, in cooperation with the airports they serve, provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other suitable devices that do not require employees to lift or carry passengers up stairs. (c) (1) Each carrier shall negotiate in good faith with the airport operator at each airport concerning the acquisition and use of boarding assistance devices. The carrier(s) and the airport operator shall, by no later than September 2, 1997, sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this section between or among the parties. The agreement shall be made available, on request, to representatives of the Departrnent of Transportation. (2) The agreement shall provide that all actions necessary to ensure accessible boarding for passengers with disabilities are completed as soon as practicable, but no later than December 2. 1998 at large and medium commercial service hub airports (those with 1,200.000 or more annual enplanements); December 2, 1999 for small commercial service hub airports (those with between 250.000 and 1,199,999 annual enplanements); or December 4, 2000 for non -hub commercial service primary airports (those with between 10,000 and 249.999 annual enplanements) . All air carriers and airport operators involved are jointly responsible for the timely and complete implementation of the agreement. (3) Under the agreement, carriers may require that passengers wishing to receive boarding assistance requiring the use of a lift for a flight using a 19- 30 seat aircraft check in for the flight one hour before the scheduled departure time for the flight. If the passenger checks in after this time, the carrier shall nonetheless provide the boarding assistance by lift if it can do so by making a reasonable effort, without delaying the flight. (4) Boarding assistance under the agreement is not required in the following situations: (i) Access to aircraft with a capacity of fewer than 19 or more than 30 seats; (ii) Access to floatlanes; (iii) Access to the fallowing 19 -seat capacity aircraft models: the Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models); (iv) Access to any other 19 -seat aircraft model determined by the Department of Transportation to be unsuitable for boarding assistance by lift on the basis of a significant risk of serious damage to the aircraft or the presence of internal barriers that preclude passengers who use a boarding or aisle chair to reach a non -exit row seat. (5) When boarding assistance is not required to be provided under paragraph (c)(4) of this section, or cannot be provided as required by paragraphs (b) and (c) of this section for reasons beyond the control of the parties to the agreement (e.g., because of mechanical problems with a lift), boarding assistance shall be provided by any available means to which the passenger consents, except hand - carrying as defined in § 382.39(a)(2) of this part. (6) The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition. (d)(1) The training of carrier personnel required by § 382.61 shall include, for those personnel involved in providing boarding assistance. training to proficiency in the use of the boarding assistance equipment used by the carrier and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers. (2) Carriers who do not operate aircraft with more than a 19 -seat capacity shall ensure that those personnel involved in providing boarding assistance are trained to proficiency it, the use of the boarding assistance equipment used by the carrier and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers. 7. In § 382.45 of 14 CFR Part 382, paragraph (a)(2) is revised to read as follows: §382.45 Passenger Information. (a) * * * (2) Any limitations on the ability of the aircraft to accommodate qualified individuals with disabilities, including limitations on the availability of boarding assistance to the aircraft, with respect to the departure and destination points and any intermediate stops. The carrier shall provide this information to any passenger who states that he or she uses a wheelchair for boarding, even if the passenger does not explicitly reques the information. * * 8. In § 382.51 of 14 CFR Part 382, paragraph (b) is revised to read as follows: §382.51 Communicable diseases. * * (b)(1) The carrier may take the actions listed in paragraph (a) of this section with respect to an individual who has a communicable disease or infection only if the individual's condition poses a direct threat to the health or safety of others. (2) For purposes of this section, a direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services. (3) In determining whether an individual poses a direct threat to the health or safety of others, a carrier must make an individualized assessment, based on reasonable judgment that relive on current medical knowledge or on the best available objective evidence. to ascertain: the nature, duration, and severity of the risk; that the potential harm to the health and safety of others will actually occur; and whether reasonable modifications of policies, practices, or procedures will mitigate the risk. (4) In taking actions authorized under this paragraph, carriers shall select the alternative, consistent with the safety and health of other persons, that is least restrictive from the point of view of the passenger with the communicable disease. For example, the carrier shall not refuse to provide transportation to an individual if provision of a medical certificate or reasonable rnodifications to practices, policies, or procedures will mitigate the risk of communication of the disease to others to an extent that would permit the individual to travel. (5) If an action authorized under this paragraph results in the postponement of a passenger's travel, the carrier shall permit the passenger to travel at a later time (up to 90 days from the data of the postponed travel) at the fare ''-at would 56424 Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations have applied to the passenger's originally scheduled trip without penalty or, at the passenger's discretion, provide a refund for any unused flights, including return flights. (6) Upon the passenger's request, the carrier shall provide to the passenger a written explanation of any action taken under this paragraph within 10 days of the request. 9. The authority citation for 49 CFR Part 27 is revised to read as follows: Authority: Sec. 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sea 165(b) of the Federal -Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.). 10. In 49 CFR Part 27, including the title thereof, the word "handicap" is revised to read "disability" wherever it occurs. The term "handicapped individual" is revised to read "individual with a disability" wherever it occurs. The term "handicapped individuals" is revised to read "individuals with a disability" wherever it occurs. The term "qualified handicapped individuals" is revised to read "qualified individuals with a disability" wherever it occurs. 11. In § 27.5 of 49 CFR Part 27, the definition of "Air Carrier Airport" is removed, and a new definition of "Commercial Service Airport" is added in the appropriate alphabetical placement, to read as follows: §27.5 Definitions. t 4 ♦ R Commercial service airport means an airport that is defined as a commercial service airport for purposes of the Federal Aviation Administrations Airport Improvement Program and that enplanes annually 2500 or more passengers and receives scheduled passenger service of aircraft. 12. Section 27.71 of 49 CFR Part 27 is revised to read as follows: § 27.71 Airport facilities. (a) This section applies to all terminal facilities and services owned, leased, or operated on any basis by a recipient of DOT financial assistance at a commercial service airport, including parking and ground transportation facilities. (b) Airport operators shall ensure that the termirfal facilities and services subject to this section shall be readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Airport operators shall be deemed to comply with this section 504 obligation if they meet requirements applying to state and local government programs and facilities under Department of Justice (DOJ) regulations implementing Title II of the Americans with Disabilities Act (ADA). (c) The airport shall ensure that there is an accessible path between the gate and the area from which aircraft are boarded. (d) Systems of inter -terminal transportation, including, but not limited to, shuttle vehicles and people movers, shall comply with applicable. requirements of the Department of Transportation's ADA rules. (e) The Americans with Disabilities Act Accessibility Guidelines (ADAA(Js), including section 10.4 concerning airport facilities, shall be the standard for accessibility under this section. (f) Contracts or leases between carriers and airport operators concerning the use of airport facilities shall set forth the respective responsibilities of the parties for the provision of accessible facilities and services to individuals with disabilities as required by this part and applicable ADA rulds of the Department of Transportation and Department of Justice for airport operators and applicable Air Carrier Access Act rules (49 CFR part 382) for carriers. (g) If an airport operator who receives Federal financial assistance for an existing airport facility has not already done so, the recipient shall submit a transition plan meeting the requirements of § 27.65(d) of this part to the FAA no later than March 3, 1997. 13. A new § 27.72 is added to 49 CFR Part 27, to read as follows: § 27.72 Boarding assistance for small aircraft. (a) Paragraphs (b) and (c) of this section apply to airports with 10,000 or more annual enplanements. (b) Airports shall, in cooperation with carriers serving the airports, provide boarding assistance to individuals with disabilities using mechanical lifts, ramps, or other devices that do not require employees to lift or carry passengers up stairs. (c)(1) Each airport operator shall negotiate in good faith with each carrier serving the airport concerning the acquisition and use of boarding assistance devices. The airport operator and the carrier(s) shall, by no later than September 2, 1997, sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this section between or among the parties. The agreement shall be made available, on request, to representatives of the Department of Transportation. (2) The agreement shall provide that all actions necessary to ensure accessible boarding for passengers with disabilities are completed as soon as practicable, but no later than December 2, 1998 rule at large and medium commercial service hub airports (those with 1,200,000 or more annual enplanements); December 2, 1999 rule for small commercial service hub airports (those with between 250,000 and 1,199,999 annual enplanements); or December 4, 2000 rule for non -hub commercial service primary airports (those with between 10,000 and 249,999 annual enplanements). All air carriers and airport operators involved are jointly responsible for the timely and complete implementation of the agreement. (3) Boarding assistance under the agreement is not required in the following situations: (i) Access to aircraft with a capacity of fewer than 19 or more than 30 seats; (ii) Access to float planes; (iii) Access to the following 19 -seat capacity aircraft models: the Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models); (iv) Access to any other 19 -seat aircraft model determined by the Department of Transportation to be unsuitable for boarding assistance by lift on the basis of a significant risk of serious damage to the aircraft or the presence of internal barriers that preclude passengers who use a boarding or aisle chair to reach a non -exit row seat. (4) When boarding assistance is not required to be provided under paragraph (c)(4) of this section, or cannot be provided as required by paragraphs (b) and (c) of this section for reasons beyond the control of the parties to the agreement (e.g., because of mechanical problems with a lift), boarding assistance shall be provided by any available means to which the passenger consents, except hand - carrying as defined in § 382.39(a)(2) of this part. (5) The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition. (d) In the event that airport personnel are involved in providing boarding assistance, the airport shall ensure that they are trained to proficiency in the use of the boarding assistance equipment used at the airport and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers. 14. A new § 27.77 is added to 49 CFR Part 27, to read as follows: F Z F: G A( S( A. Ct AC an SU irr Fi. Gr Ar M. Fi: Isl Ar, ME: Ki Be. (Cr to , ob: cat cor, fist cov acc als( the Pla� nec Pac (Cc Res Am Gro de that ;ers with )on as 'ecember _;m is (those 399 rule iub .50,000 ments); or .-hub :rports id 249,999 carriers iare aly and lie or the he capacity 30 seats; 19 -seat ?airchild he Beech seat the itobe :ance by lift .sk of or the :hat a boarding ixit row ice is not ,r )n, or ed by section for f the parties ie of lift), provided by a the .and - .39(a)(2) of sure that all quipment rking -t personnel arding insure that .v in the use ;uipment )pr late res that pity of l to 49 CFR Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Rules and Regulations 56425 § 27.77 Recipients of Essential Air Service subsidies. Any air carrier receiving Federal financial assistance from the Department of Transportation under the Essential Air Service program shall, as a condition of receiving such assistance, comply with applicable requirements of this part and applicable section 504 and ACAA rules of the Department of Transportation. (FR Doc. 96-28084 Filed 10-31-96; 8:45 ami BILLING CODE 4910-0-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 50 CFR Part 679 [Docket No. 960717195-6280-02; I.D. 070196E] RIN 0648-AI95 Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Fisheries Research Pian; Interim Groundfish Observer Program AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; technical amendment. SUMMARY: NMFS issues a final rule to implement Amendment 47 to the Fishery Management Plan for Groundfish of the Gulf of Alaska, Amendment 47 to the Fishery Management Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands Area (Groundfish FMPs), Amendment 6 to the Fishery Management Plan for the Commercial King and Tanner Crab Fisheries in the Bering Sea and Aleutian Islands Area (Crab FMP), and a technical amendment to clarify existing regulations that the observer coverage requirements for catcher vessels participating in the community development quota (CDC) fisheries are in addition to the observer coverage requirements for the open access groundfish fisheries. This action also repeals regulations implementing the North Pacific Fisheries Research Plan (Research Plan). This action is necessary to respond to the North Pacific Fishery Management Council's (Council) recommendation to repeal the Research Plan and implement Amendments 47 and 47 to the Groundfish FMPs to establish mandatory groundfish observer coverage requirements through 1997. Amendment 6 to the Crab FMP removes reference to the Research Plan. This action establishes an Interim Groundfish Observer Program until a long-term program that addresses concerns about observer data integrity, equitable distribution of observer coverage costs, and observer compensation and working conditions is recommended by the Council and implemented by NMFS. EFFECTIVE DATE: January 1, 1997. ADDRESSES: Copies of Amendments 47, 47, and 6 and the Environmental Assessment/Regulatory Impact Review/ Final Regulatory Flexibility Analysis (EA/RIR/FRFA) prepared for the amendments may be obtained from the North Pacific Fishery Management Council, Suite 306, 605 West 4th Avenue, Anchorage, AK 99501-2252; telephone: 907-271-2809. Send comments regarding burden estimates or any other aspect of the data requirements, including suggestions for reducing the burdens to NMFS and to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Washington, D.C. 20503, Attn: NOAA Desk Officer. Copies of the information regarding observer qualifications, observer training/briefing requirements, and NMFS' selection criteria for observer contractors are available from the Observer Program Office, Alaska Fisheries Science Center, Building 4, 7600 Sand Point Wav Northeast, Seattle. WA 98115, telephone: 206-526-4197. FOR FURTHER INFORMATION CONTACT: Kim S. Rivera, 907-586-7228. SUPPLEMENTARY INFORMATION: Background The U.S. groundfish fisheries of the Gulf of Alaska (GOA) and the Bering Sea and Aleutian Islands management area (BSAI) in the exclusive economic zone are managed by NMFS under the Groundfish FMPs. The FMPs were prepared by the Council under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1301, et seq.; Magnuson Act) and are implemented by regulations for the U.S. fisheries off Alaska at 50 CFR part 679. General regulations that also pertain to U.S. fisheries are codified at 50 CFR part 600. The Crab FNIP delegates management of the crab resources in the BSM to the State of Alaska (State) with Federal oversight. Regulations necessary to carry out the Crab FMP appear at 50 CFR part 679. This action implements regulations authorized undF-r Amendments 47 and 47 to the Groundfish r`MPs and Amendment 6 to the Crab FMP. These amendments were approved by NMFS on October 3, 1996, and authorize the repeal of the Research Plan and the establishment of an Interim Groundfish Observer Program for 1997.- A 997.A full description of and background information on the repeal of the Research Plan and the establishment of an Interim Groundfish Observer Program and its specific elements may be found in the preamble to the proposed rule published in the Federal Register on August 2, 1996 (61 FR 40380), and in the EA/RIR prepared for this action. Existing observer coverage requirements under Amendment 1 to the Research Plan are scheduled to expire on December 31, 1996. At its April 1996 meeting, the Council adopted an Interim Groundfish Observer Program that would supersede the Research Plan and authorize mandatory groundfish observer coverage requirements through 1997. The Interim Groundfish Observer Program will extend 1996 groundfish observer coverage requirements through 1997, unless superseded by a long-term program that addresses concerns about observer data integrity, equitable distribution of observer coverage costs, observer compensation and working conditions, and other concerns raised by the Council. Under this action, observer coverage requirements for the BSAI king and Tanner crab fisheries will no longer be specified in Federal regulations. Observer coverage requirements for the crab fisheries will revert back to a Category 3 measure in the Crab FMP and will be specified by the Alaska Board of Fisheries. Except for the minor changes noted below, the elements of the Interim Groundfish Observer Program as provided in the preamble of the proposed rule are unchanged in this rule. Three elements of the Interim Groundfish Observer Program will not be codified in regulation: (1) Observer qualifications, (2) observer training/ briefing requirements, and (3) NMFS' selection criteria for observer contractors. These elements were also provided in the preamble of the proposed rule and are unchanged in the final rule. They are available upon request (see ADDRESSES). Although they will not be codified, they are viewed as a part of the program. Prior to proposing future changes to these three elements, NMFS will publish a document Ln the Federal Register describing the proposed change(s) and providing an opportunity for public commem. Federal Register / Vol. 61. No. 213 / Fridav, November 1, 1996 / Proposed Rules 5648 proposes to amend 14 CFR Pat 71 as follows: PART 71 --[AMENDED] 1. The authority citation for Part 71 continues to read as follows: Authority: 49 U.S.C. 106(8), 40103, 40113, 40120; E.O. 10854: 24 FR 9565, 3 CFR. 1959- 1963 Comp., p. 389.14 CFR 11.69. 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9D, dated September 4, 1996, and effective September 16, 1996, is proposed to be amended as follows: Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the Earth AEA VA E5 Staunton, VA [Revised) Shenandoah Valley Regional Airport. VA (lat. 38° 15'49" N, long. 78' 53'47" W) That airspace extending upward from 700 feet above the surface within a 10.5 -mile radius of Shenandoah Valley Regional Airport and within 8 miles northwest and 4 miles southeast of the Shenandoah Valley Regional Airport localizer southwest course extending from the STAUT NDB to 16 miles southwest of the NDB and within a 6.8 -mile radius of Bridgewater Air Park and within 4 miles northwest and 8 miles southeast of the 208° bearing from the Bridgewater NDB extending from the NDB to 16 miles southwest of the NDB. Issued in Jamaica. New York. on October 21. 1996. Jolty S. Walker, Manager, Air Traffic Division, Eastern Region. [FR Doc. 96-28109 Filed 10-31-96; 8:45 am] BILLING CODE 4910-13-M 14 CFR Part 382 [Docket OST -96-1880; Notice 9625] RIN 2105—AC28 Nondiscrimination on the Basis of Handicap in Air Travei AGENCY: Department of Transportation, Office of the Secretary. ACTION: Notice of Proposed Rulemaking (NPRM). SUMMARY: The Department is proposing to amend its rules implementing the Air Carrier Access Act of 1986 concerning seating accommodations for individuals with disabilities and the stowage of collapsible electric wheelchairs. These proposals are the result of petitions for rulemaking on which the Department previously received comment. The Department is also proposing to clarify the meaning of the general nondiscrimination provision in the Air Carrier Access Act rule. The Department is also seeking comment on petitions requesting a smoke-free path through airports for passengers with severe respiratory disabilities. DATES: Comments are requested within January 30, 1997. Late -filed comments will be considered to the extent practicable. ADDRESSES: Comments should be sent, preferably in triplicate, to Docket Clerk, Docket No. OST -96-1880. Department of Transportation, 400 7th Street, S.W., Room PL -401, Washington, D.C., 20590. We request that, to facilitate scanning comments into the Department's electronic docket system, commenters put comments on 81h by 11 inch white paper using dark ink, without tabs and unbound. Comments will be available for inspection at this address from 9:00 a.m. to 5:00 p.m., Monday through Friday. Commenters who wish the receipt of their comments to be acknowledged should include a stamped, self-addressed postcard with their comments.'The Docket Clerk will date -stamp the postcard and mail it back to the commenter. FOR FURTHER INFORMATION CONTACT: Robert C. Ashby, Deputy .Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street, S.W., Room 10424, Washington, D.C.. 20590. (202) 366--9306 (voice); (202) 755-7687 (TDD); or Nancy Ebersole, Office of the Assistant Secretary for Transportation Policy, same street address, Room 9217, (202)366-4864. SUPPLEMENTARY INFORMATION: Background In its September 1993 notice of proposed rulemaking on the Air Carrier Access Act (ACAA) rules (58 FR 47681; September 9. 1993), the Department asked for comment on three petitions for rulemaking. These concerned use of oxygen by airline passengers, seating accommodations for passengers with disabilities, and the stowage of collapsible electric wheelchairs. The Department is considering addressing the first of these issues through a negotiated rulemaking. The Department has decided to grant the other two petitions, by issuing this NPRM proposing amendments to the ACAA rule. The public will have the opportunity to comment on these proposals before the Department takes any final action on them. In addition, having become aware of misunderstanding on the part of some parties concerning the scope and nature of the general nondiscrimination obligation under the ACAA, the Department is proposing a clarification of Part 382's statement of that obligation. General Nondiscrimination Obligation The history of the ACA'A clearly shows that Congress enacted the statute+ to fill a gap in nondiscrimination coverage left by a Supreme Court decision that said that section 504 of tht Rehabilitation Act did not apply to air carriers, since they do not (with the exception of participants in the Essential Air Service program) receive Federal financial assistance. The intent of the statute was to achieve the same protection from discrimination for airline passengers that section 504 provides persons affected by Federally - assisted programs. For a summary of the history of the Act, see the preamble to the Department's 1990 final ACAA rule (55 FR 8009; March 6, 1990). When Congress enacted the Americans with Disabilities Act (ADA), it excluded transportation by aircraft from the definition of "specified public transportation." Congress did so specifically because air transportation was covered by the ACAA. (See H. Rept. 101-485, Pt. 1; May 14, 1990; p. 36.) There is no evidence that Congress intended this exclusion, which simply avoids duplication in coverage, to suggest that a weaker standard of nondiscrimination applies to air carriers than to transportation providers covered by the ADA. Under section 504 and the ADA, providers of transportation and other facilities and services to the public have the obligation to take steps to accommodate customers who have disabilities, though these obligations have limits. For example, places of public accommodation under Title III of the ADA are required to make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, or accommodations to individuals with disabilities, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities. privileges, or accommodations. (28 CFR § 36.302.(a)) Under the ADA, public accommodations must remove barriers where doing so is "readily achievable i.e., easily accomplishable and able to be carried out without much difficulty or expense" (28 CFR § 36.304(a)). One option open to a public accommodation is making its services available through readilv achievable alternative means where barrier removal itself is not 56482 Federal Register i Vol. 61. No. 213 / Friday. November 1. 1996 / Proposed Rules readily achievable (28 CFR § 36.305(a)). These provisions are intended to be compatible with the section 504 standards, which requires recipients of Federal funds to make accommodations to the needs of individuals with disabilities, as long as doing so does not create undue financial or administrative burdens. The Department has become aware that there may be some misunderstanding concerning the applicability of these basic nondiscrimination principles to air carriers. To avoid such misunderstanding, the Department is proposing to add language to the nondiscrimination section of Part 382 reciting explicitly the existing legal requirement that carriers have the duty of accommodating disabilities of passengers, consistent with these principles, even where a specific accommodation is not mandated elsewhere in the regulation. Seating Assignments to Accommodate Passengers' Disabilities Background Section 382.37 of the existing rule, concerning seating assignments, prohibits carriers from excluding a person from a particular seat location or requiring a person to sit in a particular location, on the basis of disability, with certain exceptions (e.g., to comply with the FAA's exit row seating rule). The intent of this provision was to preclude carriers from limiting a passenger's choice of seats on the basis of disability. The issue in this rulemaking is the other side of this coin: should carriers be required to provide a particular seat assignment that a passenger needs to accommodate a disability? The petitioner, a consumer, has a disability that prevents her from bending one of her legs. She requested that the ACAA rule be modified to require airlines to seat a passenger in a location requested by the passenger (e.g., a bulkhead seat) when sitting in that location is necessary to reasonably accommodate the passenger's disability, even if this requires changing the seat assignment of another passenger. In addition to asking for comment on this petition, the 1993 NPRM also requested comment on whether, if such a requirement were added to the rule, carriers should be permitted to require advance notice for this accommodation. Comments There was strong support for this petition from consumers. About 50 comments from passengers and disability groups said that airlines shouid accommodate passengers with disabilities by placing them in a seat that facilitates their travel. Exampies cited in the comments included ensuring that passengers with mobility impairments had the opportunity to sit in a a row with a movable aisle armrest, that people with fused legs could sit in bulkhead seats, that personal care attendants could sit next to passengers whom they serve, and that people with guide dogs could choose either a bulkhead or non -bulkhead seat. One commenter suggested that, if an appropriate seat in coach was not available, the airline should offer a first- class upgrade if it would facilitate the passenger's travel and there was a seat available in first class. A few commenters suggested that it would be acceptable for an airline to require passengers requesting a seating accommodation to provide documentation of their need (e.g., a note from their doctor). Four disability community commenters opposed permitting airlines to request advance notice forproviding seating accommodations. Three commenters suggested that seating accommodations be made for tall people, since they have trouble being comfortable in many airline seats, and one suggested similar treatment for parents traveling with infants. Carriers and their associations generally opposed the petition. They had several objections. First, it would be difficult to determine which people deserved priority for seating accommodations. For example, if multiple persons arrived for a flight and asked for a bulkhead seat, how would carrier personnel decide who should be selected to receive the desired seat? Airline personnel should not have to decide who is the most deserving passenger. Second, it would be unfair and annoying to other passengers who were asked to move to make room for the disabled passengers. Passengers typically reserve flights on a first-come/ first -serve basis, and often seek aisle or bulkhead seats because there is more space there, because they are tall, because they have infants to care for, etc. They do not want to be bumped from the seat assignment they had called in advance to obtain. Third, having to deal with seat reassignments would distract flight attendants and other personnel from other pre-flight duties, including those related to safety. One commenter pointed out that, like other passengers, people with disabilities could call early for a seat assignment in order to get the accommodation they wanted. This commenter suggested that carriers should not have to do more than hold back one or two seats from advance assignment, and then only unti 24 hours before departure. Another commenter suggested that, rather than mandating seating accommodations. airlines should ask for volunteers to move from seats, perhaps providing incentives like extra frequent-flier miles. One commenter thought disabled passengers present a risk because they clog the aisles. The commenter believes that such passengers should be kept out of aisle seats and deplaned last. Another said that passengers who want extra room should pay for it or find another mode of transportation. Three commenters thought that passengers desiring seating accommodations should have to provide advance notice, to minimize last-minute seat changes for other passengers. DOT Response As noted above, carriers have an obligation to accommodate the disabilities of passengers, through means such as altering policies and practices, as long as doing so does not create an undue financial or administrative burden or fundamentally alter the nature of the service provided. After reviewing the comments on this petition, the Department believes that responding to requests for seat assignments to accommodate the needs of an individual with a disability comes well within the scope of this obligation. Many people with disabilities— particularly those with mobility impairments—find it very difficult to travel by air in the absence of seat assignments that facilitate their use of the aircraft. Having to transfer over a fixed aisle armrest, when moveable armrests are available elsewhere in the cabin, burdens wheelchair users. Sitting in a middle non -bulkhead seat may make it unfeasible for someone with a fused leg to travel. Sitting apart from a personal care attendant may make it impossible for a person with severe mobility impairment to eat or to receive other needed assistance during the flight. Seating accommodations that permit an individual who travels with a service animal to sit with the animal may also be necessary. The proposal would apply only to requests in these four categories. The Department does not believe it would be relevant to apply the provision to persons with other disabilities (e.g.. vision or hearing impairments, less severe mobility impairments). However, we seek comments on whether there are additional situations in which seating accommodations should be provided. In addition. we seek comment on whether Federal Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Proposed Rules 56483' it is necessary or appropriate for persons seeking these seating accommodations to provide any documentation to the carrier. To accommodate these needs of individuals with disabilities would not appear to impose significant financial or administrative burdens on carriers; or fundamentally alter the nature of the service they provide to passengers. What appears to be needed is a limited modification of existing administrative policies. There could be some inconvenience to other passengers, but when a carrier is implementing a nondiscrimination statute like the ACAA, accommodating the needs of passengers with disabilities outweighs this inconvenience. Under the proposal, a passenger seeking seating accommodations would call the airline at least 48 hours before the scheduled departure of the flight (see discussion of advance notice below). If the airline had any seats that would provide the accommodation that had not yet been assigned to another passenger. it would assign such a seat to the requester. This includes situations in which there are unassigned seats that have not been made available for assignment to the general passenger population (e.g., seats that are not assigned until a short time before the flight or that are held for frequent fliers). If, however, all seats in which the needed accommodation could be provided to the requester have been assigned to other passengers, the airline would change the -seat assignment of another passenger. In no case, however. would another passenger be bumped off the flight to accommodate the seating requests of an individual with a disabilitv. Part 382 alreadv contains a number of accommodations for disabled passengers for which carriers may request advance notification (see 14 CFR § 382.33(b)). The purpose of this provision is to give carriers time to prepare to provide the accommodations. While the Department is aware that consumers with disabilities have opposed provisions of this kind, we believe that they strike a fair balance between the needs of passengers to receive accommodations and the needs of carriers to do the work of providing them. Therefore, in addition to requiring seating accommodations. we propose to add a 48 hours' advance notice provision. We would point out that, for all accommodations to which the advance notice provisions apply. a carrier is required to provide the accommodation even when the passenger does not provide advance notice, if the carrier can do so by making a reasonable effort that will 'not delay the flight (see 14 CFR § 382.33(c)). In the case of seating accommodations, this should prove possible to do in most instances, since all that may be involved is a quick request by carrier personnel to another passenger to switch seats to accommodate the situation of a disabled passenger. While, in a case where advance notice had not been provided. the airline would not be mandated to change another passenger's seating assignment, the carrier would be obligated to make the request, and could, as comments suggested, provide incentives to persons who agreed to a seat assignment change. The Department does not believe that implementing this proposed requirement would place carriers in the position of determining who was the most deserving occupant of a. given seat. Airlines could, under the proposal. operate in a "first-come/first-served" manner. That is, if a passenger with a disability for which sitting in a bulkhead seat would be an accommodation (e.g.. an individual with a fused leg, a passenger traveling with a service dog) makes a request to sit in that seat. another passenger subsequently requesting that seat as an accommodation to a disability could be told that the seat was unavailable. The airline would find a different seat to accommodate the second passenger to the extent feasible. A few things that this NPRM does not propose to require in this provision should be noted. The proposal would not require airlines that do not pre- assign seats to passengers to begin doing so. These airlines allow passengers needing various kinds of accommodations to preboard. Permitting passengers who need particular kinds of seating accommodations to preboard would satisfy the intent of this provision. It might be necessary, however, for the carrier to request or direct that some preboarded passengers move to accommodate a passenger with a disability who needed a particular seat location as an accommodation. The Department seeks comment on whether any specific regulatory provisions are needed to handle this situation. Nor would this proposal require the airline to provide upgrades to first class for coach passengers or provide more than one seat to an individual. In this context, we note that the Department has received occasional inquiries concerning passengers who are very obese. It may be necessary for some such passengers to occupy the space of two seats. The Department has been asked whether it is consistent with the ACAA for carriers to charge for two seats in this situation. We have replied that. if an individual is actually using two seats, it is not discriminatory for the airline to charge the individual for two seats. The Department seeks comments on whether this approach should be changed. Should there be circumstances in which such a passenger should be accommodated without being charged for more than one seat? Handling of Collapsible Electric Wheelchairs Background The Department received a petition from Mr. Ralph Black, an attorney representing a consumer who uses a collapsible electric wheelchair. powered by a non -spillable battery. The consumer has encountered difficulty with airlines that, in her view, treat the wheelchair as it were a non -collapsible wheelchair powered by a spillable battery. The petition set forth a rationale for changing the ACAA rule and suggested revisions to the rule's language. Comments Disability commenters generally supported this petition. A few expressed the concern that airlines may damage wheelchairs, either by dropping them when being located into the luggage compartment or when disassembling or reassembling them. (Two carriers suggested. in response to this latter problem, that wheelchair manufacturers or passengers be required to provide written instructions for disassembly and reassembly.) Air carrier comments focused on the battery -related portions of the petition. They reiterated a long-standing industry concern that passengers are not reliable sources of information about whether a battery is spillable or non -spillable. Reliance on passenger -representations, they said, could lead to safety problems. Some carrier comments suggested that FAA certify or label which batteries are non -spillable or that carriers be able to rely on their own list of approved non - spillable batteries. DOT Response The Department has decided to partially grant this petition for rulemaking. We believe it is useful to clarify that collapsible electric wheelchairs, like folding manual wheelchairs, can be carried in the cabin if they can be transported in appropriate storage locations, such as in closets or overhead compartments. or under seats. Indeed, commenters appeared to have 56484 Federal Register / Vol. 61, No. 213 / Fridav, November 1, 1996 / Proposed Rules no objections to this idea. 'lire Department has interpreted its existing rule consistent with this idea. Consequently, we are proposing to adopt the petitioner's proposed amendment to § 382.41(g)(1), as well as adding clarifications to § 42.41(e) concerning in -cabin storag% However, the issue of difrtinguishing spillable from non -spillable batteries continues to be complex. and it continues to be discussed among the Department and representatives of the industry and disability c community. We believe that is premature to propose further rulemaking on thesubject of handling batteries at this*ne. We, also believe that the existing. Permissive provision concerning wriMn instructions for disasserattiity and reassembly is adequate. Mile do not see in the comments an adequate basis for making the provision of sinch instructions mandatory. Additional Provisions feelPassengers With Hearing Impairmeaft The Department has reabived some suggestions for additional irulemaking concerning accommodations for persons with hearing impairments. These include captioning of video material (e.g., movies and other e>Kertainment features) shown on the aiacraft, and making telecommunications devices for the deaf (TDDs) availablewhere air phone service is provided, to other passengers. Part 382 requires captioning of safety videos, but not other videos shown on flights. Another suggestion was for providing assistive listening technology for public address announcements in the aircraft. The Department has also received suggestions for electronic message and/ or assistive listening technology in gate areas, to ensure that hearing-impaired passengers would receive information about flight departures and arrivals, boarding announcements, etc. The Department seeks comment on the need for such accommodations. as well as their technical feasibility and cost. Petitions Concerning an Accessible Path Through Airports for Persons With Severe Respiratory Disabilities The Department is seeking comment on petitions from individuals with respiratory disabilities for a requirement for an accessible path through airports. Petitions on this subject have been received from Dr. Dwain Eckberg, a physician and medical school faculty member from Richmond, Virginia, and Dr. Judith Plotkin, a Maryland resident. Both individuals suggested that the Department add regulatory provisions to protect such individuals from exposure to tobacco smoke. The petitions make the point that some individuals have respiratory conditions that can create significant health problems for them if they are exposed to tobacco smoke. If such an individual must, in order to get from the entrance of an airport to an aircraft, pass through areas in which he or she is exposed to smoke, he or she may suffer these health problems, require oxygen that is not immediately available, or require emergency medical treatment. Exposure to smoke, then, acts as a significant barrier for such individuals to the use of the air travel system. If granted, these petitions would lead to a proposal that carriers and airports carrier ensure that an individual with a severe respiratory disability that is triggered by exposure to tobacco smoke have available a path of access from the terminal entrance to the aircraft free from exposure to tobacco smoke. As with other airport terminal accessibility issues, amendments to both the ACAA and section 504 rules would be needed as part of such a proposal. The air carrier and airport would be expected to work together to meet an obligation to provide such passengers with a means of getting to an aircraft that does not expose them to significant adverse health effects. We anticipate that any proposal resulting from this petition would not specify or limit the means to be used. A smoke-free path through the airport, transportation from -the gate to the tarmac that does not go through a terminal in which smoke is present, an enclosed cart that took the passenger through the airport without exposure to smoke that was present, etc. might all be possibilities. The Department would not intend, if it granted these petitions, to propose to ban all smoking in terminals. Regulating smoking in public places is traditionally a state or local matter, and the Department would not attempt to pre- empt state or local decisionmaking. The Department seeks comment on whether we should propose a provision of the kind requested by the petitioners. We seek comments on the extent to which such a provision is needed and on cost and feasibility considerations that should be taken into account. The Department is also aware of people with environmental sensitivities to a wide variety of common substances (e.g., cleaning agents, perfumes). In some cases, these sensitivities may be severe. In addition to seeking comment on whether to proceed with a proposal based on the petitions, the Department seeks comment on whether it would be desirable and feasible to have similar provisions for people with severe environmental sensitivities. Regulatory Analyses and Notices This NPRM does not propose a, significant rule under Executive Order 12866 or a significant rule under the Department's Regulatory Policies and Procedures. The Department certifies that this rule, if adopted, would not have a significant Economic effect on a substantial number of small entities. The basis for this statement is that the modifications to airline practices and procedures involved if the rules are made final would involve little additional cost to carriers or airports. The Department has determined that there would not be sufficient Federalism impacts to warrant the preparation of a Federalism Assessment. As it implements a nondiscrimination statute, this rule is not subject to scrutiny tinder the Unfunded Mandates Act. List of Subjects in 14 CFR Part 382 Aviation, Handicapped. Issued this 8th Day of October, 1996, at Washington, D.C. Federico Peiia. Secretary of Transportation. For the reasons set forth in the preamble, the Department proposes to amend 14 CFR Part 382 as follows: 1. The authority citation for 14 CFR Part 382 would continue to read as follows: Authority: 49 U.S.C. 41702, 47105, and 41712. 2. In § 382.7, a new paragraph (c) would be added to read as follows: §382.7 General prohibition of discrimination. (c) In carrying out their nondiscrimination obligations under this part, carriers shall, in addition to meeting the specific requirements of this part, provide accommodations to passengers with disabilities and remove barriers to the use of facilities and aircraft by such passengers. In meeting this obligation, carriers shall apply the standards of section 504 of the Rehabilitation Act of 1974, as amended, and Title III of the Americans with Disabilities Act. 3. In § 382.33(b), the "and" at the end of paragraph (b)(7) is proposed to be removed, a semicolon and the word "and" are proposed to be substituted for the period at the end of paragraph (b)(8), and a new paragraph (b)(9) is proposed to be added, to read as follows: Federal, Register / Vol. 61, No. 213 / Friday, November 1, 1996 / Proposed Rules 56485 §382.33 Advance notice requirements. (b)., (9) Designation of a patticular seat as an accommodation to a kassenger's disability. 4. In § 382.37, a new Wagraph (d) is proposed to be added to�ead as follows: § 382.37 Seat assignmeaft. (d) On request of a passenger with a disability designated inparagraph (d)(1) of this section for a pardtular seat assignment needed to a kommodate the disability, the carrier sbdl provide the seat assignment to the poissenger. (1) Requests for seatir; accommodations requind to be accommodated under this paragraph include a request by a wheelchair user for a seat in a row witha lmoveable armrest, a request by a parson traveling with a personal care attakdant whose services will be neededam the flight to sit next to the personal are attendant, a request by an individual traveling with a service animal far -a bulkhead or non -bulkhead seat, or aWquest by an individual with a fused air immobile leg for a bulkhead seat or ober seat that provides greater legrooms than other seats. ' (2) In responding to requests from passengers for seat assignments to accommodate a disabiliti, carriers shall comply with FAA safetyttules, including those pertaining to exit row seating (see 14 CFR 121.085 and 14 CFR 135.129). (3) When a person maims a request for a seating accommodation covered by paragraph (d)(1) of this section, the carrier shall assign the parson a seat providing the requested accommodation if it has not already beenassigned, even if the seat is not availabla for assignment to other passengers at the -time. (4) When a person maims a request for a seating accommodation covered by paragraph (d)(1) of this section, and all seats providing the requested accommodation have already been assigned to other passengers, the carrier shall change the seat assignment of other passengers as needed to provide the accommodation. (5) The carrier is not required to provide the accommodations in paragraphs (d) (4) and (5) in response to a request made less than 48 hours before the scheduled departure time of the flight. (6) If an individual making the request does not make it 48 hours before the scheduled departure time of the flight, the carrier shall attempt to meet the request by asking other passengers to move to a different seat location to accommodate the individual. No other passenger shall be required to change assigned seats, however. (7) If the carrier has already assigned a seat to an individual with a disability in response to a request covered by this paragraph, the carrier shall not reassign that individual to another seat in response to a subsequent request from another individual with a disability without the first individual's consent. (8) In no case shall any passenger be removed from a flight or denied transportation in order to accommodate an individual with a disability under this paragraph. 5. In § 382.41, paragraphs (e)(2) and (g)(2) are proposed to be revised to read as follows: §382.41 Stowage of personal equipment. (e) . (2) In an aircraft in which a closet or other approved stowage area is provided in the cabin for passengers' carry -on items, of a size that will accommodate a folding, collapsible, or break -down wheelchair, the carrier shall designate priority stowage space, as described in paragraph (e)(2)(ii) of this section for at least one such wheelchair in that area. (ii) An individual with a disability who takes advantage of a carrier offer of the opportunity to preboard the aircraft may stow his or her wheelchair in this area, with priority over the carry -on items brought onto the aircraft by other passengers enplaning at the same airport. An individual with a disability who does not take advantage of a carrier offer of the opportunity to preboard may use the area to stow his or her wheelchair on a first-come, first-served basis along with all other passengers seeking to stow carry -on items in the area. (g) . (2) Whenever feasible, the carrier shall transport electric -powered wheelchairs secured in an upright position, so that batteries need not be separated from the wheelchair in order to comply with DOT hazardous materials rules. However, when an electric -powered wheelchair is designated to fold or collapse, the passenger may request that the batteries be removed and the wheelchair be folded. The carrier shall, in anv case, take those actions (and only those actions) required by DOT hazardous materials regulations with respect to the transportation of batteries by air. IFR Doc. 96-27192 Filed 10-31-96: 8:45 aml a1661NG CODE 4910-82-M SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 300 [Release No, SIPA-160; File No. SIPC-96- 1] Rules of the Securities Investor Protection Corporation AGENCY: Securities and Exchange Commission. ACTION: Proposed rule change. SUMMARY: The Securities Investor Protection Corporation ("SIPC") filed a proposed rule change with the Securities and Exchange Commission ("Commission"). The proposed rule change amends SIPC Rules 3001 and 301,2 which relate to the closeout and completion of contracts for the purchase or sale of securities made by debtors in liquidation under the Securities Investor Protection Act of 1970 ("SIPA"). The Commission is publishing the proposed rule change for public comment. Within thirty-five days of publication of notice, the Commission must (absent an extension) by order approve the proposed rule change or institute disapproval proceedings. Because SIPC rules have the force and effect as if promulgated by the Commission, those rules are published in Title 17 of the Code of Federal Regulations.3 DATES: Comments are to be received on or before November 22, 1996. ADDRESSES: Interested persons are invited to submit written data, views, and arguments concerning the foregoing. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, N.W.. Washington D.C. 20549, Copies of the submissions, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room, 450 Fifth Street, N.W., Washington. D.C. 20549. Copies of such filings will also be available for inspection and copying at the principal ' 17 CFR 300.300 (1996). Rule 300 sets out the definitions of certain terms used in SIPC's rules. 217 CFR 300.301 (1996). Rule 301 governs contracts to be closed out or completed in a liquidation. 317 CFR 300.100-300.503 (1996). November 21, 1996 Mr. R. Philip Knauff Fisher's Island Ferry District P.O. Box H Foot of State Street Fisher's Island, NY 06390 Re: Fisher's Island Airport FAA Programming Meeting File: 211 Dear Mr. Knauff: cas Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax (315) 455-9667 NOY 2 5 1996 SW16W T., Clerk We met with Phil Brito, Manager of the FAA NYADO and his staff in their office on November 13 and 14, 1996. Also in attendance were Mr. Rick Chimera, Mr. Doug Fox and Mr. Lorrin Bird of the NYSDOT Aviation Division. The purpose of the meeting was to communicate, face-to-face, the capital improvement needs of the Fisher's Island Airport, as identified on your current 5 -Year ACIP. During the meeting the NYADO communicated their intentions for funding your projects this fiscal year. The following is a summary of our discussions regarding Fisher's Island Airport: The FAA was informed of your continued desire not to be considered for funding. No further discussions occurred. If you have any questions please do not hesitate to call me. Very truly yours, C&S ENGINEERS, INC. am Mark F. Petranchuk Manager, Airport Design Services MFP:lp cc: Ms. Jean Cochran F:\DIVISION\AIR\PRIVATE\MARKP\FISHERIS\FAAM'PG97. WPI) SENT BY: 11- 7-96 ; 14=31 ; US ENGINEERS, INC.- 516 765 1823;# 1/ 3 DE" AIRPORT CLIENT: Crouse -Hinds Airport Lighting Products has offered to conduct an Airport Lighting Maintenance Seminar at our office. We have tentatively selected December 3rd - 5th as proposed dates. We intend to offer attendance first to representatives of our valued airport clients and then to othe=r airpotts on a space available basis. Attendees would be responsible for their travel, lodging, and evening meal(s). There will be no charge for the training, continental breakfast(s) and lunches. 1i When this seminar was previously conducted in Connecticut, it consisted of two days of classes followed by a half day tour of the Crouse -Hinds factory. We will tailor this seminar agenda to be as responsive to as many attendees as possible. The possibilities inc=lude offering the full agenda, part of the training, or even rearranging the agenda so that some of the attendees with common interests could attend one day and some mould attend the entire event. In lieu of the factory tour, Bob Radway, Airport Operations Officer for Syracuse` Hancock International Airport, has offered to host a tour of the airfield clectdcal'vault'and system for interested parties. If f.;u are interested in sending an individual(s), please 'complete the attw;hed Airport Lighting Seminar Interest. Survey indicating what training 'interests your staff, and fax back to my Administrative Assistant, Vicki Scott, who will be c001-dinating the details, by the close of business on ;Wednesday; November 13th, so that we and Crouse -Hinds can make timely, responsive decisions regarding this offering. Please do not hesitate to call me with your questions or concerns. Vt.r y truly yours, C&S ENGINEERS, INC. Rc nald L. Pec'.&mm, P.E. Vir.;(: Presiders` Rl ,I'/vh P:%R)Yv.:iioU hW.ND9 SENT BY: FAX A11N: VICKI SCOTT C&S ENGWKERS FAX;315-455-9667 11- 7-96 ; 14:32 US ENGINEERS, INC. -1 516 765 1823;# 2/ 3 AIRPORT NAME AIIZPORT LIGHTING SEMINAR INTEREST SUI VErt 1. We would send _ to the training desired as marked below. No. of staff 2. Either December 3rd -5th are acceptable dates to send the"Aiattendces. Or We are interested in the training, but o&" s'`tf cannot "itend during the December 3rd -5th time period. We suggest you consider scheduling the training we are interested in on: AGENDA TUFSPAY, DF,CEMBER 3RD Please check one for each topic. MMED Nor SUMCIENT' 77tAlN1Nl': Irrce�ersrr 7.30 am - 8.00 am Continental Breakfast 8:00 am - 8:15 am Introduction to Seminar 8:15 am - 9:30 am Visual Aid Maintenance and the Four "C's" 9:30 am - 11:30 asn Constant Curernt Regulators 11:30 am - 12:00 pm Open Forum, Q & A 12:00 pm - 1:W pm Lunch 1:00 pm - 2:30 pm Inpavement Lighting 2:30 pm - 3:30 pm Guidance Signs 3:30 pm - Open Poium, Q & A D. Wiggin K. Foster . P. Rakowski K. Foster P. Rakowski F:1R1 o�C.QpII.SP.HI.N1K 1 of 2 SENT BY: 11- 7-96 14:32 US ENGINEERS, INC.- 516 765 1823;* 3/ 3 WEDNESDAY, DECEMBER 4TH Mase check one for each topic, DESIRED NOT SUPMC1bNT TRAINING INTMMST 7:30 aim - 8:00 am Continental Breakfast 8:00 am - 10:00 am Series Circuit Troubleshooting P. Rakowski 10;00 am - 11:00 am Elevated Light Fixtures K. Foster 11:00 am - 12:00 noon DAPI System P. Rakowski 12:00 pm - 1:00 pm Lunch 1;00pm- 2:00pmSeries Circuit Switches K. Foster & IMUS 2:00 pin - 2:30 pm Isolation Transformers P. Rakowski 2:30 pm - 3:00 pm Cable Connector Kits P. Rakowski 3:00 pm - Open Forum, Q & A THuRsDAY, DECEMBER STu Pkase check one for each topic. DESUMD' N OT S If P P I C I F N T TRAINING TNTEREST 7:30 am - 8:00 am Continental Breakfast 8:00 aim - 10;00 am Tour of Syracuse Hancock International Airport Things that I would be interested in seeing on the tour include: PLEASE pRIW YOUR NAME, Pjf0NUVUMBFFjt, AND FAX NUAMM FOR FINAL SEMINAR INFORMATION. NAME PHONO FAX# PARLMROUSIMI-NDS 2 of 2 SENT dilk: 10--17-96 14:37 C&S ENGINEERS, INC-+ r M - Fax Cover Sheet - Date: ! 0l .� 7196 Page ;: 2 To: Fax Phone: From: Ronald L. Peckham, PE Subject: AIP Summary Remcocks: 516 765 1823;# 1/ 2 Engineers, Inc. 1099 Airport Blvd, North Syracuse, NY 13212 315-455-2000 FAX 315-455-9667 RECEIVED DICT 181996 SmAcH T r?wr, rl-r!, In an effort to keep our clients informed, we want to pass along the attacliad AIP summary that just arrived at our office. As we have not had a chance to verify each point, please use this info with c _, a tion. Please don't hesitate to call your CBIS contact or me with your questions. Important Notice: This fax may contain information that is privileged, confidential, proprietary, or exempt from disclosure under applicable law and is intended only for use by the Individual or entity to which it Is addressed. If the receiver of this fax Is not the intended recipient (toted above, we ask Vmt you forward the fax to the individual so noted. Additionally, any dtssernlnabon, distribution or copying of this communication by any person other than that to which h is addressed Is prohib1t . If ttw Individual to which k Is addressed Is not within Your office, please notify the sender immediately by telephone and return the original message to the sender at the atxve address by mall. SENT o : 10-17-D6 14:.J7 ; C&S E:NG 1 NEERS, INC- 516 765 182,9;--t Consultant Update October 11, 1996 Fron . Pausa R. bline, ACC Executive Director Paul I., Shank, P.E., ACC Go,iernmont Affair.. Committee Chair, Campbell & Paris Engineers Mission Accomplished! ! $1.46 b111ira s for the FY 1997 Airport l: npmvament ,Program (AIP) is a reality. The FAA authorization bill of 1996 was signeu by the President ktober 9, 1996, r,)aking available $1.46 million for the AIP for FY97. The fol- lowing is a summary of the provisione t'iat ma -G interest the consultant community. • Entitlements. arrports should receive nearly full entitlements, Non -hubs can carry over entitlements for 3 years. • Discretionary Funding: should be $300 million, will at least be $148 million in addition to existing LOIs. New Criteria: • have passenger forecasts Increased by 20% during previous year. • are state priorities similar to FAA regional priorities_ • relievers: what number of operations are diverted from a primary airport. • Noise Set Asi la Category: will be n, iintained atild should Lae funded at approximately $132 million. • Single Category: General Aviation, Vo Bever and Non -Primary Commercial service Airports. • Multi -Year Ruaway Construction Pmjects: shall be given priority 4 they increase capacity and are cost benefitial. • Reimbursement for Projects Underway: are permitted using AIP grants (projects initiated after 9/30/96) • Federal Mandates: can more readily be paid for using AIP/PFC monies. • Military Airport Program: is extended for 2 years, 12 sites. Does not apply to airports prior to 8!24/94. New Crilion,.a. • must be closed/recligned military airports, • must reOuce delay by 20,000 houra/year or increase capacity or reduce delays in met- ropotitan ureas. • can be deNignatod for additional 5 -year periods. • indefinitely .extends eligibility for parking lots, fuel farms, hangars. • Innovative Financing Projects: 10 are authorized (payments of interest, bond insurance and flexible local match). • Pavement Maintenance Projects: 10 are authorized (2 projects in states without a medium or large hub airport) -Stars Block Grant Program: becomes permanent, expands from 7 to 8 states in FY97, 9 states In FY 98. • Airport Privatization Pilot Pmgram: 2 years, provides for the long term lease of 5 airports (1 large hub, 3 medium, Small or non -hub; and 1 general aviation). Conditions: • 65% of airlines must agree to rate hikes and transactions. • AIP allowed, but must be 60% private / 40% federal. • Essential Air Service Program: will continue and be funded up to $50 million per year. • Revsnue Diversion: statutory prohibitions against airports are expanded. President signed rhe FAA reauthorization bill into law and AIP FUNDING BECOMES AVAIL- ABLE PROVIDED THE APPROPRIATIONS BILL HAS PASSED (October 9, 1996). Prime 1 w 1 President eigned the appropriations bill Into law and AIP FUNDING BECOMES AVAIL- ABLE PROVIDED THE AUTHORIZATION BILL HAS PASSED (September 30, 1996). .Airpora Consulrams Council • 908 King Street, Suke 100 • A14=ndna, VA 22314 USA • Phan 703-683-59M -1':u 703-683-2564 r4l// / *L810 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 EDWARD J. PETROU, P.E. - JOHN B. DALY REGIONAL DIRECTOR COMMISSIONER March 9, 1995 Honorable Thomas H. Wickham Supervisor, Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Mr. Wickham: Aviation Grant Program Contract Freeze This is to alert your office that all grant and contractual items before the State Comptroller have been frozen and no more will be acted upon until the freeze is lifted. This will have an adverse effect on the timing of the associated payments due for grants/contracts. It appears that payments will be allowed in thoses cases where the grants and associated expenditure contracts have already been approved. If you have any questions, please call Josephine Brazier at (516) 952-6108. Very truly yours, '5 -, r -k CRAIG SIRACUSA Regional Planning & Program Manager CBS Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 (315) 455-2000 Fax: (315) 455-9667 December 15, 1994 Ms. Judith Terry Town of Southold Town Hall 53095 Main Road, PO Box 117 Southold, NY 11971 Dear Ms. Terry: Looking back over 1994, we have seen a year of significant change ... new leadership, new economics, and new challenges in doing business. We take this opportunity during this Holiday Season to thank you, our customer, for helping to make this year's growth possible, and to reflect on events that shape the future of C&S Engineers, Inc. Here are some important changes from 1994 that continue to focus the company's attention on its mission, exceeding customer expectations: We learned new ways of helping our clients. This year we launched a client partnering process, an outcropping of our three-year-old Total Quality efforts, that encourages open communication among all project team members and focuses people's attention on getting the job done right the first time. The U.S. Army Corps of Engineers developed the process, and we implemented its use with the New York State Department of Transportation. Due to the success of our partnering efforts this year, we were invited this fall to make a formal presentation of our experiences at the American Consulting Engineers Council national symposium on Partnering in Atlanta. Perhaps the most visible change in 1994 is the reunion of our Syracuse staff into a new state-of- the-art engineering facility. After more than a decade of effort, we occupied our new office in November. The facility, located at the entrance to Syracuse Airport, consolidates all Central New York staff. The new environment streamlines communication, improves coordination and the efficiency of work activity, provides for a professional atmosphere, and significantly reduces our net operating costs. We're thrilled with the results and welcome you to a tour. Thank you again for your support and encouragement over the past year. On behalf of myself and all of us at C&S Engineers, Inc., thank you for being our customer. We look forward to many more years working together, and wish you the very best during this Holiday Season. Happy Holidays! C&S ENGINEERS, INC. ripm__ Orrin B. MacMurray, P.E. President December 14, 1994 Mr. R. Philip Knauff Manager Fishers Island Ferry District P.O. Box H Fisher Island, New York 06390 Re: Elizabeth Field Airport FY "95" FAA Programming Meeting File: 211 Dear Mr. Knauff: Engineers, Inc. 1099 Airport Boulevard, North Syracuse, New York 13212 1315) 455-2000 Fax (315) 455-9667 RECEIVlp UEC 16 1994 fpm 'hold Twice each year, C&S Engineers, Inc. meets with the Federal Aviation Administration (FAA) New York Airports District Office (NYADO) staff, in Valley Stream, New York, to discuss the status of current projects and funding potential of future projects at our client airports. This fall's meeting was held on October 27, 1994. The following is a summary of the discussion regarding Elizabeth Field Airport: Phil Brito, Manager of NYADO, indicated that discretionary dollars (includes reliever and commercial service airport funds) will be allocated differently than in past years. The NYADO must submit candidate projects for discretionary funding to the Region and Washington. The projects are prioritized by Washington on a national basis, and funds are provided on those projects receiving the highest priority rating. The NYADO codes the projects based upon the size of airport and type of project. The NYADO has no control beyond the coding process on what priority a project will have. As a result their office has lost control of directing discretionary dollars to airports within their service area. Fiscal Year 1994 was the first year that this priority system was utilized to allocate discretionary funds, and based upon the 1994 results, obstruction removal and pavement rehabilitation projects appeared to score a higher priority than other types of projects such as expansion of airfieldpavements. The NYADO continues to retain control over state apportionment monies provided to general aviation airports and entitlements at primary airports. In addition to the difference in the process for distributing discretionary dollars, it was also necessary for the FAA to reduce enplanements at all airports by 24% to meet the requirements of the new legislation. As a result the 1995 entitlement dollars are significantly lower than in past years. The FAA does not intend to program any projects at Fisher's Island this Fiscal Year. The FAA offered and the Town declined to accept a grant for the preparation of an Environmental Assessment (EA) this past year (Fiscal Year 1994). C&S will be contacting you to discuss what, if any development the Town may desire to be performed in the future. 1t Mr. R. Philip Knauff December 14, 1994 Page 2 We are available at your convenience to meet with you to discuss the results of our FAA programming meeting and the Town's desires to pursue funding for development at the Elizabeth Field Airport. If you have any questions, please feel free to contact me at (315) 455-2000, ext. 131. Very truly yours, C&S ENGINEERS, INC. 9. z,� d/41/ - Bruce W. Clark, P.E. Senior Project Engineer BWC:kak Enclosures cc: Mr. Thomas Wickham, Supervisor I* L IDA Joseph Del Balm Associates Tr 955 LT-nfant Plaza N, SW, Suite 4000 4 Washington, DC 20024 Phone (202) 6518001 # Fax (202) 6518002 September 23, 1994 Mr. Thomas Whitcomb Superintendent, Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Mr. Whitcomb: This will confirm your telephone conversation on September 21, with William Handel relating to the establishment of a Global Positioning System (GPS) approach to Elizabeth Field on Fisher Island. The Federal Aviation Administration (FAA) has authorized the establishment of straight -in GPS approaches with minimums as low as 250 feet to all airports throughout the United States. The approaches are based on a recently completed constellation of twenty-four satellites placed in orbit by the U.S. Department of Defense. The satellites are high enough that they can avoid the problems encountered by land based systems and they use a technology accurate enough to give pinpoint positions anywhere in the world, 24 hours a day. A straight -in GPS to Elizabeth Field would be a major improvement over the current approach procedure to the airport with circling minimums of 500 feet. Requests to FAA from airports for these approaches are likely to exceed 20,000. Obviously, the FAA cannot immediately handle this magnitude of workload and it will be years before a dent is made in this backlog. Recent estimates indicate that FAA can only accomplish about 500 procedures a year. To date, the FAA has completed only three stand-alone straight -in GPS procedures (Denton, TX, Frederick, MD, Oshkosh, WI). This statement is not made in any derogatory sense, only as a recognition of other FAA priorities and staffing limitations. JDA has established a process by which we will accomplish all the work normally done by an FAA Region (procedure development, charting, environmental process, etc.) leaving only a final environmental decision and flight check for the FAA. Our time estimate to complete this part of the project would be three to six months at a total, one time cost of less than $2,000.00 based on receipt of 90% Federal AIP funding and 5% state funding. I have attached brief resumes of the Senior Associates of JDA to give you an indication of the experience and expertise we would bring to this effort. The senior staff is complemented by technical and operations experts in the areas of procedure development, environmental assessments, airport planning and AIP grant applications and processing. Thomas Whitcomb September 23, 1994 Page 2 Bill Handel would be happy to meet with you at your earliest convenience. He may be reached at (516) 754-1360. Sincerely, UO SP a Key Personnel Joseph Del Balzo Associates Joseph M. Del Balzo is currently President of Joseph Del Balzo Associates, a unique company committed to providing creative aviation systems solutions to industry and governments worldwide. Prior to this position he served as the Acting Administrator and Acting Deputy Administrator of the U.S. Federal Aviation Administration. In these positions he provided a steady and constant focus on the key issues and challenges facing FAA and the aviation industry. He built a clear vision of the agency's future with FAA's corporate team and developed a strategy for long-term change that included the development of the fust FAA Operational Concept for the Year 2010. He was deeply involved in every important aviation system issue including: the military airport program; passenger facility charges; use of airport revenue; introduction of new technology into the nation's air traffic system; system safety issues; environmental issues; labor management issues; technical and management training; airport security; and executive development. Mr. Del Balzo also served as FAA's Executive Director for System Operations where he led an organization responsible for: installing, operating and maintaining all air traffic control systems on or off airports; developing as well as overseeing safety regulations for all aircraft, airlines and airmen in the U.S. system; and ensuring sufficient capacity to meet the demands of system users. As FAA Executive Director for System Development, Mr. Del Balzo developed long-range research and development programs to support the timely introduction of new technology into the U.S. air traffic control system; upgraded the quality of the FAA's program management system and the qualifications of program managers in charge of the thirty billion dollar airspace modernization program; refocussed FAA initiatives to increase capacity at U.S. airports; and established close working relationships with the members of the U.S. aviation community in developing system requirements for the twenty-first century. Mr. Del Balzo, an instrument -rated pilot, holds engineering degrees from Manhattan College and Drexel University, a certificate in Organizational Development from the New School and an Honorary Doctor of Science from Embry -Riddle Aeronautical University. William Handel: Recently completed a thirty-six year career with the FAA in both its Washington, D.C. headquarters and as a Regional Administrator in its Eastern Regional Headquarters at JFK airport. He directed and coordinated the activities of 5300 employees in all aspects of aviation management including air traffic control, flight standards, airports, and airway facilities. Mr. Handel has held a full spectrum of engineering and management positions, including Airports Division Manager in New York City. In this capacity he managed the region's airport safety and capacity programs as well as a $150 million Airport Improvement Grant Program. As Logistics Division manager, he was responsible for developing contract specifications as well as overseeing bidding, proposal evaluation, and technical oversight processes. Edward M. Kelly: Mr. Kelly has thirty-eight years of experience with the FAA in a variety of senior executive, management, and engineering support roles related to systems maintenance and facility support. He played a key role in the planning, installation, and modernization activities supporting the multi -billion dollar FAA Capital Investment Plan. Mr. Kelly retired from the FAA as the Deputy Associate Administrator for Airway Facilities where he directed the activities of a 12,000 person workforce responsible for ATC facilities construction, installation and maintenance, and the administration of a budget in excess of $1.1 billion. During the period September 1993 -May 1994, He chaired a task force charged with analyzing options for establishing a new government corporation for operating and maintaining the U.S. air traffic control system. Norbert A. Owens: As FAA Deputy Associate Administrator for Air Traffic, Mr. Owens was responsible for the day-to-day management and oversight of the U.S. national airspace system through an organization of over 26,000 employees, over 700 field offices and facilities and a budget in excess of $2 billion. Mr. Owens also initiated and chaired an FAA Operational Planning Management Team which integrated a strategic planning process for all operating elements of the agency and as a result, developed the first FAA Operational Concept for the Year 2010 which defined future agency requirements and the steps needed to achieve them. Mr. Owens started with the FAA as an air traffic control specialist and has over 36 years experience in public management and aviation safety. 4A O=_CLl1OR PATRICIA L. ACAMPORA Assemblywoman 1 st District Suffolk County THE ASSEMBLY STATE OF NEW YORK ALBANY June 1, 1994 Commissioner John Egan New York State Department of Transportation State Campus, Building 5 Albany, New York 12232 Dear Commissioner Egan: RANKING MINORITY MEMBER Committee on Alcoholism and Substance Abuse COMMITTEES Aging Codes Tourism, Arts and Sports Development s. I am writing this letter on behalf of the Town of Southold. I have recently been made aware of a situation that demands your immediate attention. Enclosed please find a copy of the letter the Town of Southold sent me. It seems the State owes the Town of Southold $68,812. This is due to several grants that the State approved for improvements at Elizabeth Field on Fishers Island. I understand the State has allocated the money but has not issued any payments. At this time, I would appreciate it if you could explain to me why the State has been so lax in their accounting procedures to allow the non-payment of these funds. In addition, I hope you could have the State issue the payments to the Town of Southold as soon as possible. The project numbers in question are: 1) AIP NO. 3-39-0029-30-90 NYS PIN 0913.03 3) AIP NO. 3-39-0029-005-92 NYS PIN 0913.05 5) AIP NO.3-39-0029-07-92 NYS PIN 0913.07 2) AIP NO. 3-39-0029-04-91 NYS PIN 0913.04 4) AIP NO. 3-39-0029-06-92 NYS PIN 0913.06 DISTRICT OFFICE: Peachtree Executive Park, 189 Main Road, Suite C. Riverhead, New York 11901, (516) 727-1363, FAX (516) 369-3869 ALBANY OFFICE: Room 550, Legislative Office Building, Albany, New York 12248, (518) 455-5294, FAX (518) 455-4740 0* Printed on recycled paper. r - o�S�FFot,��oG JOHN CUSHMAN C2 co JEANNE RULAND Senior Accountant ACCOUNTING & FINANCE DEPARTMENT 0 Data Control Supervisor Telephone (516) 765-4333 �i �Ql O`. CENTRAL. DATA PROCESSING �a P.O. Box 1179, 53095 blain Road Fax (516) 765-1823 Southold, New York 11971-0959 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD May 24, 1994 Honorable Patricia Acampora Peachtree Executive Park 189 Main Road Riverhead, NY 11901 Dear Ms. Acampora: The purpose of this letter is to request assistance in obtaining several payments totaling $68,812 due the Town from the State Department of Transportation's Airport Division, one of which dates back to May, 1991. All of the payments relate to capital grants for several improvement projects at Elizabeth Field on Fishers Island. It is my understanding that funds have been allocated and are available; however, DOT has not released them. A list of the payments due the Town under the respective grants is attached. Your assistance is greatly appreciated. Very truly yours, John Cushman Senior Accountant Asst\ (1,00, die �l > 2e 91994, 414 _ gCAMPOR� REQUIRED ELEMENTS FOR RESOLUTIONS ACCOMPANYING STATE GRANT AGREEMENTS FOR AVIATION 1) All grant dollar amounts must be reflected on the resolution (Total Project Cost, Federal Share, State Share, and Local Share). The Total Project Cost and State Share figures must correspond to the State Grant. 2) The project description must correspond to the description as stated on the State Grant. 3) The resolution must be signed and certified (with either a seal or notary stamp). At least one resolution must be an original with original signatures. ' air meed, g of the Fishers island Ferry District of the Town of Southold, Suffolk held at the __ (building), is Southold, New York, on the.— day (month), , (yoai), o'clock P.M. The meating was called to order by (Title & Name), _T' n roll being called, the following were , PRESENT: The following resolution was offered by _ who (Title & Name) moved, its adoption secondees by (Title & Name) WHEREAS application for available Federal funding for the (Project Description) at the '.has been approved, and WHEREAS the project has been dEemed consistent with sound transportation development policy and planning concepts for New Yurk State participation. � yob', 907 WHEREAS. the federal share of the grant amounts to i459,720, the State share amounts to $38,310, the local share amounts to $12 770 for a total amount of $510,800, THEREFORE BE IT RESOLVED that the Town of Southold entry into an Agreement with New York State Department of Transportation. for financial assistance, not to exceed 138,310, State PIN No. 0913.05, for the (Project Description) at the Elizabeth Field Airport, and BE IT FUR HER RESOLVED that the Town Supervisor be authorized to execute documents on behalf of the Town of Southold. Questions of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Voting (Aye or Nay) Affix Stamp or Seal 42IRY OF VITAL STATISTICS MAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING' RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 6, 1993; AT 7:30 P.M., AT THE SOUTHOLD TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK: The meeting was called to order by Supervisor Scott L. Harris, and upon roll being called, the following were present: Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilman Thomas H. Wickham Councilman Joseph J. Lizewski Councilwoman Alice J. Hussie The following resolution was offered by Justice Edwards who moved its adoption, seconded by Councilman Wickham, WHEREAS, application for available Federal Funding to install new medium intensity runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VAST and REILS on Runways 7, 25, 12 and 30; install electrical vault, at Elizabeth Field Airport', Fishers Island, New York, has been approved; and WHEREAS, the project has been deemed consistent with sound transportation development policy and planning concepts for New York State participation; and WHEREAS, the Federal share of the grant amounts to $459,720.00, the State Share amounts to $38,310.00, the Local share amounts to $12,770.00, for a Total Project amount of $510,800.00; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby • authorizes and directs Supervisor Harris to execute the New York State Department of Transportation, Aviation Transportation, Infrastructure Renewal Project Grant Agreement, for financial assistance not to exceed $38,310.00 (State PIN No. 0913.05), and the SEQR Agency Compliance Statement for said project which is described as follows: Install new medium intensity runway lighting system on Runways 12-30 and 7-25; install rotating beacon and wind cone; install VASI and REILS on Runways - 7, 25, 12 and 30; install electrical vault, at the Elizabeth Field Airport, Fishers Island, New York. Question of adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Harris, Justice Edwards, Councilman Penny, Councilman Wickham, Councilman Lizewski, Councilwoman Hussie. The foregoing resolution amended Resolution No. .4, adopted on February 23, 1993, by including the Total Project Cost, Federal Share, State Share, Local Share. a4 Judith T. Terry Southold Town Cler April 7, 1993 At a regular meeting of the Town Board o£ the'Town of Massena, ''St. Lawrence County, New 'York; held at tae Town Hall;`:in Massena, New York,, on the 10th day of June, 1992 at 7:30 o'clo 'k P.M. The meeting was called to order by Supervisor Duane T. Hazelton, and upon roll being called, tie following were .i )RESNET: supervisor Duane T. Hazelton Councilman Donald P. Portolese Councilman Albert N. Nicola Councilman Rene P. Hart Councilman Anthony M. Bronchetti The following resolution was offered by Councilman Bronchetti who moved its adoption, seconded by Councilman Portolese WHEREAS application for available*Federal funding for Rehabilitation and Lighting for Taxiway A at'the Massena Richards Field Airport has been approved, and WHEREAS the project has been deemed consistent with sound trans- portation development policy and plann.ng concepts for New York State participation WHEREAS t:,e federal share of the grant amounts to $423,900, the State share amounts to $35,325, the local share amounts to $11,775 for a total amount of S471,000 THEREFORE BE IT RESOLVED that the Town of Massena enter into an Agreement with Ne�N York State Department of Transportation for financial assistance, not to exceed $35,325, State PIN 7902.18, for preparation of Environmental Assessment for Rehab ilitatlon-and Lighting for Taxiway A at the Massena Richards.cField Airport; and BE IT FURTHER RESOLVED that the Supervisor be authorized to execute documents on behalf of the Town of Massena.. Question of the adoption of. the foregoing resolution was duly put to a vote on roll call, which resulted 'as. fol lows`l-'"" Supervisor' Hazelton. Voting `Aye';.;= Councilman Portolese:.` Voting Aye Councilman Nicola Voting`Aye ;TATE OF NEW YORK :ounty of St. Lawrence, ss: "own of Massena hereby certify that I have compared the foregoing copy with the original Town Board Resolution .agreement with NYS Dept: of Transportation for 535,325 (State:.PIN 7902.18) ;fated June 10, 1992' Jn file in this office and that it is a true and correct transcript therefrom, and of the .,hole of said original, n witness whereof, I have hereunto set my hand and seal of office, at Massena, Jew York, this -7 da,, COUNTY OF ALBANY OFFICE OF THE EXECUTIVE MICHAEL J. HOBLOCK, JR. COUNTY EXECUTIVE Ms. Elizabeth Field (Southold/Fishers Island) Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Ms. Field: 112 STATE STREET BANY, NEW YORK 12207 (51 447-7040 - FAX (518) 447-5589 March 19, 1993 RECEIVED MAR 2 ' 1393 .7Silllilow Thwn r6& I am writing to bring to your attention the disparities in funding for State vs. other Municipal Airports as included in Governor Cuomo's proposed 1993/94 Budget for New York State Department of Transportation. As you maybe aware, budget allocations in the past three years have been overwhelmingly skewed toward State-owned Stewart and Republic Airports, (1991/92 - 57%, 1992/19 - 410, and 1993/94 - 73%). The 1993/94 Budget proposal made by the Governor is the most severe skewing with State allocated airport funds of $10.8 million for Stewart and Republic, and $4 million for the other 44 Municipal Airports. While Stewart and Republic continue to receive a tremendous amount of capital infusions, other non -state owned airports will now only receive 50% of the non-federal share, down from 75%. At the same time New York State Department of Transportation covers 100% of the non-federal share for their two airports regardless of the funding source. In a report released by the New York State Comptroller on August 3, 1992, he publicly stated that the New York State Department of Transportation engaged in fiscal manipulation by holding on to every penny it was given to run Stewart and Republic Airports. I would strongly urge you to contact your local State Legislators, Senator Levy - Chairman of the Senate Transportation Committee, Assemblyman Bragman - Chairman of the Assembly Transportation Committee, the Commissioner of New York State Department of Transportation and Governor Cuomo, and stop the State's attempt to direct Federal Aid to Stewart and Republic by denying State matching funds to municipal airports. Please find enclosed some information I hope will be of use to you. Sincerely, jMiMichael J. Hoblock, Jr. Albany County Executive MJH:ab: kcb Enclosure 5 . Jry",. / (� yj�+y:..bb I S jtt+J��.�•i PIAT: lu ',y3 wt 4:3 Ti -P lir n et csday, livcn 1.6. 199 - l u , rmeg ldr gid kit t P.3 C,. • rp it war un Ung A t I.S,,te V. �.ocal. airfif!�.� executive der-nands review did *.. ` r� By RODERT FRA; IB ; �%lC�/ Gt�✓�lf a '; ��j• t :x Starr writer I;j �i ' EnrAged by an "overwhelming Imbalance" in atate'A)rpolt funding, the Albany County Execu- F.y I(01tta1T MAIC tiva has dentauded a thorough review o: ctefl Writer � +. k ' Stewart's finanees. y'l•EWAlt'f A11tPOR '11,r tv o' 14 a tetter ohtain-d by The Pines Hereld-nec- state•owned A1rpovit = Stewart b tcrllo• 8 :di ' 3 r' A ; ;, t, e' • " ord Albany County Executive Michael J. HOblcck I nil And Republic are r(ceit,nr hh ,j , +, Lott{ Frank While, the stnte'li depart.16g transpur- 11 n•s RhAto of ,tale finds whilot , re " '' pk'r� „ ' l *! �';k , `t ,' tatioll eornmlaaloner,'that Albany County Airport of tl,e. New Yolk 'AIr .arts ai c sc, ,ph,3 Ry �,•,�c' 4v S r +1r r ��t ,,..' s 1sultorSng at the expense of Stewart and Re uh for ca=11• A.•cording 10 , t:oral amp, rt i•t t, d �ti' " i • �•:'ay 1 L,y Y� Ile. Ile cald the AL -Ste !s alving preferential treat- mAnal �' meat to the two airports ocause It owns them. State bud rt ducvttrcnU uhu;v Kep: r =, f 1 w r 8 b � fit• Albany has a puttcular lrilere..r t in the budget• r, In I,Orq lspmd, and Stewart ars uJ Ing .since it competes willt Stewart for grled to reculve 410.8 u,tlllon lfonr thH ; >{ d •else , �+ state thin f'raeal year while.thu 14 1",;%1;�� ity :Y ' passengers. 'A8 you are probably aware," Ifoblock wrote In OlAned ul'pOrta la yew YOrl. will 60t a ff 7.. '', S,•+� S} N t, tits Math 12 1EUcr,- ",li.11tan 'Count has been combined $4 rutitlon. That means the'two i:' t�,` Pj � ''t �' "71L ti" '•••M° y y air ort:, ievelve ?3 petcemt Of Ute saute , ` + °" r • '� �•`' having probltnl. getting federal and state fund. p } fs Ing for the Improremen OC Weir airport ... hoa- (lgldiuQ. S(AmAct, would 4&o.e. a Abedt �'�• d!, ' �•' s , �+ '+•+ over It appears fromresidinq the govartlor'f bad - $7.3 IL,llliolm, or $1 poregnt - rf.• `r{ r u7� ! fFYA 11, ti(, . 6r t Fyl� ��?w proposal ,a state-owned airports ICE h I ggetOat, sta n d it The IrabalAocta has touch°ed ctr a tierce , es . , . ; +,(t' t =. a +!' - - �--: - flennunt to shi,gar roblerrA'% h funding" l:.,ttle betw(cn the small but pow•e&;i , l Tho necor4 Ilublock said he was directing h4 staff to ,, state D,,partrnPnt of Transportr•tion's research the post funding ractices of the Depart. Avtatian Division, which rues Stewart insides Sldwnrt :'tlrporl,'which'ha: etrriic undbr f?fo for• gaming what focally P g P P meet of Tramporta Lich, which runs Stewart and and Republic, and au Irmny. Of aup•:t tuh oirpor1 Aperurots sayis too much state fund?ng., llepttbl)e. He also asked for an Acccunting of the Owners lhtoughunt New York, current $12.3 mllilau budgeWil for Stewart this The r,iauagcro say the Avlallar Ulv+• at to tvlth,:,r;mjs l :gu�flti0n4 Last 'week ,• A.4temblyman MiahAel liscal year •-• $10.8 million from the genital fund slon has an obvious conflict,,f later ?Pt - Tht';tate pt,y; or 3 :P4:retttt oI alt Bragir an, U•Syracasc, a lairnmhn o/ the and $1.5 froth pAsengerlae11l1y fres, i10 wanted It controls the purse strings for ltSelf c�pilal airport pi r^cls ftp roved by the Mbeanbly llelTrantinoravtlart' Committee. mmitee. addillolt .l facts on, and Its c�mpetltors. Airport OwnFrs an: 1 stet l! AvlatiOn '-,411th Arntion: Tht ♦ Ttrowayy' Authority funding. Because the operatu,A Are demanding that List Raw `. FAA'tmay.•, f'0 pct ^it,'and the airport Now. Yurk City, More hearings are Thcotiwny Authority is spending $15 mullion for a ?lance the loading or give up file w., owmtr':. in most %�sc� a county or town ptanlacd, but a apukesman for the cum. new Stewart. Arca$ rind, llnllork wanL% to know airports. - pteKs l p the ecce :Hing $ percent,' mittta said the funding Imbalance could how Albany can apply for ahmlfar fvnds to solve They ssy that ua.h•strappeJ lo,:Al Vaehot. said mu. 'bf the 44 other air prompt new legislation. Its own hoofs probleI111 ' governments, which vivn the other 44 Ports has hod to t.;ru down htdefal fund NYAMA has recommended several ' * Stowart's econcmlo' develoirmatt. Stewart airports, can't meet their airports •1 ed 1, ,ng because it Ceti :mit come up *With 1119 • ' changes: It said the state should dole out .. Jim recOetd ;340 million In govermuent invest- nd But Stewart, one of the state's pc' ece, .S percent match �loleover, he sa14• Limo rte nbl{e and hand he m6ney hot v aCr thnit e iso airportsta menta Hoalock wants a complete list of projects nomic development projects, hAs tad as Stt++art and Repay le'bmgdgets hasp he . p.alld eoets. . ,lnd)eec supply of each. impact on the fur Qiag ^ fur the • other ; to rt newly 'created airport authority. ! Accounts of all ultspent money at S(ewart. "Stewart And Repabllc dont how, ally airports. NYAMA also said thi state should c^eite fn a bixnrrt' twisk, I1OAlock suggested ilwt financial restratuts." said Thn Neubert, ; ; -Ch4r); . Fcntlonu l,ml 'pronilse ' is l,oi sportagon ton undMmdng tierivnCy) from Albany County be turned overt o the state, since erersurer o1 the New 's l k Airport Dian• .A erred;' Vart:ad , u 1. 'Phe mottoy. that the petroleum bmulness tax. Money for lundl gs Mosttl airport, Including Albany,m have gers AssoctatSon "It's like they ha:a a ips to Slew ut an•l nt sale would not all tilt 3fattvupaurlcd alrporls would eery genttuus gudpttremt." o het tw!;e 11� milat y Acallat'1C to those come out of the hod. rocettuy mude Wb to become private, 'file stato said the elasms aro raislOad• other ailpotl , . "Unless 010 explanation you provide ludicatts )n . Fussell a. Vachon, director of the state .en Wlu,atn J. I, rk1n, it New othucwice • he uloced lire lot t, "Albsny County Aviation ph9slon, raid the deyartrnsnt aCa<e o� the air i ctematrh l0 5 percent Wiv4)r, . coun..orcd that the fun4ing wllI have to join wlth other r' unlcSpal airports given the utile[ 44 airports Colt the P ' should stay lila wayit. I:, 6 tr..tu; i.U''txecrnmt. Airport,,omfnets. corn• (non state owned) tO petitlon.tlie,tederal govern - money they'va •ankred for. He d pf,ln that while t), = "IA hang torccd W l .,` 14n Aot embarrawWd at all by the mast. to stop what Apjiears to be an attempt by Stewart and Republic noEd rho rnon-�y plck up more'of ;nu iab,'Slewait and tM,dNA Mjections,'14gAJd,"SitWart12 the state w direct fedeial ,id to Stewart and for envleonmental clean-ups And other R?(rubilr_ still get thA' lull l0 pPtyeui , LI its Minty ... on.Ineubitdon perlod„ I Republic by deayingg state matching funds W projects to keep the airports In eompq• sloth. It ; It sleds til d,e mores it , a Albany County and other nmulclpal airports." t r . , t 41S4 ,` 1�2ay It t /7 .A113 x3 �i �4 1 P l i) dK iq try t- 7 i i It1k i• .I i# . 1 d"'' 1 e yt r e t at j+l y a iJly'((1 ; � , � e� � �: Si y+,"a r�,Lf'�+ ��f q • z . , ial.y yr 1 t1 Ir � �, r1• iki i t •I >� za'�dFA1{[ ,a t• ^�; r t f i,• �, f- a , t• ,A a 1 F'S 1993 Legislative Conference Resolution 1114 RESOLUTION SUPPORTING THE EQUAL DISTR.B UTION OF Ti:1EN MOPP IES C.<< TIM 1967 AZRFORT BOND ACT IVIIER AS, all of the 1967 Airport Bond Act monies were to be distributed equally amongst all airports in New I'orlt State and administered by the New I'orh State Department of Transportation; and WHEREAS, current available public information indicates that there are uncornrnitled fiords available from the 1967 Airport Bond Act made for Stewart and Reperblic 1lirports in State fiscal Year 1991-92; and WIMM AS, the New Yorh State Comptroller has publicly found that the New fork State Department of Transportation engaged in fiscal manipulation to retain certain monies earmarked for Stewart and Republic Airports; and WIIERI;AS, the New York State Department of Transportation couers 100 percent of the non- federal share of their two airports regardless of the funding source, while the other non -state owned airports receive 50 percent of the non-federal share, down from 75 percent; and WILMEAS, the last three budget years have been overwhelmingly skewed towards the state owned airports: 1991-92, 57 percent of airport funding; 1992-93, 41 percent of airport funding and proposed for 1993-94, 73 percent of airport funding; and WHEIR !,M, state contracts for airport malching grants require that slate aircraft be allowed free and unlimited access to local government airport facilities at any time; arid WBEREAS, the New Yorh Slate Association of Counties makes the following recommendations: L All categories of airports should be allowed equal access to arty residual funds which may be available from the original 1967 Airport .Bond Act monies allocated to state owned airports; II. New Yorh State Department of Transportation should furnish an accounting of how all Bond fund accounts and appropriations, and any other monies appropriated for capital projects, have been disposed to state owned airports and whether there are any uncornrnitled balances; III. Full restoration of the 75 percent state match for the non federal share of FArWUP Grants regardless of the funding source; N. Revise existing budget language to include stale funding allocations for federal eligible projects funded 100 percent by passenger facility charges; NOW,, THEF.EFORE, B2; IT RESOLVED, New Yoriz State should invest 171 -C in all airporis in New Yorh State to stimulate local economies, corn nnernsurate with the leuels historically afforded to state airports; and BE IT FUIITIIER RESOLVED that copies of this resolution be forwarded to Gouernor Dlario Al. Cuomo, all members of the New York State Legislature, the Federal Aviation Administration, State Transportation Commissioner and all others deemed necessary and proper. a MICIIAEL I. I IOBLOCK, IR. COUNTY EXECUTIVE COUNTY OF ALBANY OFFICE OF THE EXECUTIVE 112 STATE STREET ALBANY, NEw YoRx 12207 (518) 447-7040 - FAx (518) 447-5589 March 12, 1993 Frank White, Commissioner New York State Department of Transportation State Campus, Bldg. #5 Albany, New York 12232 Dear Commissioner White: After reviewing the Governor's 1993-94 proposed Budget for the Department of Transportation, I am writing to get clarification on a few matters of interest to Albany County. It appears the State apparently has the capability, and according to the governor's budget, the funding, to support State owned airports without any difficulty or funding constraints. As you are probably aware, Albany County has been having problems getting Federal and State funding for the improvement of their airport. Albany County Airport is also facing the issue of improving access roads to the airport without funding, however, it appears from reading the Governor's Budget proposal that State owned airports are immune to similar problems with funding. In the 1993-94 Executive Budget Briefing Book on page 91, the $12.3 million allocated for "State -Owned" airports is identified as matching Federal Aid and is also to be used to fund infrastructure improvements at Stewart and Republic Airports. This could lead me to believe that you could be receiving approximately $110.7 million in Federal grants for these two airports. Would you please identify the projects and the total project cost that this allocation is intended to cover for both the intended Federal drawdown and infrastructure improvements? Also on page 91, the Thruway Authority is providing approximately $15 million for improved access to Stewart Airport. Given that the Thruway Authority and New York State Department of Transportation are independent agencies, what is the application process for funding of this nature and when can Albany County expect similar funding for access improvements to our airport? In the 1993-94 Annual Message, on page M55, "Economic Development at Stewart Airport". More than $340 million has been invested in Stewart Airport, could you please list the capital projects and their costs as well as the funding sources for each? The Annual Message also referred to $10 million in State funds to be used to match $18 million in Federal aid. At a 10% match, the State's share of $18 million in Federal aid is approximately $2 million. Please explain why there is $8 million more than is necessary for the Federal match, and what the $8 million will actually be used for. Please explain the following capital projects in the Capital Projects Budget Bill and the justification for the allocations of these monies to Stewart Airport and list the actual capital projects to be funded with these monies. Page & Line No.'s 93 - 33 94 - 7 94 - 15 Monetary Amount 8,495,000 1,485,000 800,000 Also please identify the following reappropriations and explain the reasoning for directing all such monies to Stewart Airport and provide a list of the capital. projects that are currently in progress, encumbered or planned to be funded with these monies. In addition, please identify any monies that are uncommitted at this time. Page & Line No.'s Monetary Amount 646 - 46 5,000,000 647 - 31 3,500,000 726 - 47 533,000 728 - 19 921,000 731 - 19 746,000 732 - 18 82,000 735 - 31 1, 649,000 736 - 43 11,752,000 737 - 10 . 6, 667, 000 737 - 37 40,000,000 738 - 12 17,615,000 738 - 35 2,481,000 739 - 15 89,000 739 - 36 12,300,000 739 - 46 5,000,000 740 - 35 2,805,000 The overwhelming imbalance in the upcoming budget has prompted me to direct my staff to research NYS DOT's funding practices in prior years. In particular, the 1991/92 budget allocates $6.7 million in 1967 bond funds to State-owned airports. It is my understanding that those bond funds are restricted for.use in accessing Federal aid. However, FAA records show that capital projects requiring only $2.2 million in state match were awarded during that time. Please identify, in detail, how the remaining $4.5 million was spent and whether or not any of those funds remain uncommitted. I In addition, it is unclear whether the 1967 allow a 100% State match, given that the Act airports without distinction, the disparity in the seems contrary to the intent of the Acta Bond Act would applies to all matching shares Despite your Department's response to similar queries last year, it appears that ALL of the allocation to State owned airports in the 1992/93 budget were represented as State matching funds to access Federal aid. Once again,. FAA records for that year show that only $500,000 in State funds were required to match Federal grants. Assuming that the Budget Director reappropriated the remaining $4.6 million to cover "other ineligible local projects," please provide a list of those projects and identify whether or not any funds remain uncommitted. It appears that the Albany County Airport and other municipal airports in New York State are being short-changed for the benefit of Stewart and Republic Airports, which are State owned. I would have to assume that the Albany County Airport would need to be State owned and operated facility to be treated in a fair and equitable manner by New York State. Unless the explanation you provide indicates otherwise, Albany County will have to join with other municipal airports (non -State owned) to petition the Federal Government to stop,what appears to be an attempt by the State to direct Federal aid to Stewart and Republic by denying State matching funds to Albany County and other municipal airports. I eagerly await your reply. Sincerely, f� Michael Hoblock, Jr. Albany County Executive MJH:kcb cc: Assemblyman Bragman Senator Levy Governor Cuomo 'Albany, N.Y., Friday, March 19,1993. ' TIMES UNION B-5 ALBANY COUNTY Continua from B-1- - -., i kARPORTe.Ho040� seeks morestate aid Hoblock's letter is not the only projects at airports — which include Republic. ing, and whatever is left comes from criticism of Cuomo's proposed avia- construction of air traffic control Ron Rock, transportation adviser the users (mostly airlines)," Hoblock tion_ budget by, municipal airport towers or new terminali, road -con- to Cuomo,'said that policy is justi- said.' - interests to surface recently.*, stru cdoin, and other physical - im- Sed because- the state, plays two "'They aren't doing that at Stew - Last week, the New York Airport provements =comes from the Fed- separate roles mi the operation of art, which makes it a more attractive Managers Association attacked eral Aviation Administration. Stewart and Republicifacility for airlines. They're taking what it sees as the state'sfavoritism Itis the state providerand it is the state reiouresourcesand 'tax'payer dollars ::.The FAA anywhe'r'e f ro"m 75 pays toward Stewart -and Pepx!bli' percent to 90 percent of capital costs, owner. and competing with us." quar�lyrei�sletter'.' "a depending on'the f -Me fecls have b6en-v e�ry'generous The Airport Managers W.o prcjeic4 In- an article- -asserting that: -Associa- to Stewart in the last few yeiri� and . For the i;i� airports- must rely on tion takes its criticism a step ftuther. ate disproportionate amount of state we are forced to match federal grants I � state grants combined with -either of --- - It argues that much of the money funds" goes to Stewart and Repub- I or lose the fedeml matching money, . � .1. local funds or the fees charged to the state is' using to fund improve - lie, the- association called for the . airlines, passengers and other air- Rock said. menta at . Stewart and -Republic state to redistribute funds that have 'carried poyt users. - �"If we didn't own, Stewart' and comes'from a 1967 bond act that *a been over from the two air- porW previous. b4dg4s,'as: weU^ as Republic., it, would. be differen state provided Enunicipal air- called for all airports in the state.W story. oomponen mt cmate;a]6 aviation" 6fi"t in- he percent nbenefit Oorbi -with 75 t of this f" on obl Ahe state's-' ��]H ock,that. state's�' dedicated 'tra�nsp6Akion r fedeiaVshare'!-of capital improve�;. "at, ivision's also - opposes Aviation Di years:Ts-:r ment projedi f6r many equires municipal FAA grants at Stewart and Republic -s&Ae_�olicj.tih_at r- Pnmarily 0 -91 t Ruming U in" 992," thestate- iif-thiliime!iaW�- -It:inatchet. airpa Fg-min' '_ -'i'6tN,L"­ ot&d-1 pp only airports' state - theitate's aviation budget rinfof thai grants other L'.-,'.,f,.befbie* get P.aym-g,q Y50P61gran4_-iVUe.' asi&k�CiviWP, .4�_; leftover Cost to -;Stewart Muni fund =Pdr;- expansion, we and Republic &- not -hWe - . - s ";­ 'Mostof the money for such capital . It pays. 100 percentjo Stewart and quim d -I. - Aa state requirement. funding and state fun co 4-01 9 W. > , '0 g:4 -co > - 7,15 jr CO I—E d.',S� - .. V. to to ­ Q) 4) . - — , I > Cq, - - 4.-7�. 1 �:_ to = . - z .5: -0 -0 ;.1 r CD -Z CO. CO-, bQ �—O (C.0; �—r. 9. co 7-- 01-- Go �_W IV b1l Z .0 .4, W 03, cc _z;3 .0 o - bQ Z, OA �04 W_ -0 cu g -. -� — -Eb . . - coo Cd ID dam. cc, g.'bi 0 -OD -�� I " � U) U C5 & * 2 O_.. .. = 4) " .5 :P t �5 I co 0.== r cc W O _-- - r--._ W—••��•- ��m•o� �>,'Q�Q..m..�cCC5 -i~ OG '8; 0 Cn = rm W._O_ 0 k..Q.9 R J0. 4 0 0 2 ca -on -s:' Co.,-= 9 M cc '20 bb 0 82, .9 96 f.§, S 0 _.-5. 0 Os cc E! - �2 - EJ gb W �A A* Cd 5 51 .. 0. V 0 C13 C13 0 E- A _Z r- -:� t r -.0 8 > 0 U LO 0-4 5 8 Cd 41. A Go U go U) °wa! 2 1993 Legislative Conference Resolution l/14 RESOLUTION SUPPORTING THE EQUAL DISTRL3UTION OFT11L'.,'"u S C', TILL 1967 AMFORT BOND ACT IVIINREAS, all of file 1967 Airport Bond Act monies were to be distributed equally amongst all airports in New I'orl, State and administered by the New I orh State Department of Transportation; and jYIiEREAS, current auailable public information indicates that there are uncommitted fiords available from the 1967 Airport Bond Act made for Stewart and Republic Airports in State Fiscal Year 1991-92; and WJIERM, JS, the New York State Comptroller has publicly found that the New York State Department of Transportation engaged in fiscal manipulation to retain certain monies earmarked for Stewart and Republic Airports; arid WILE, RE,AS, the New York State Department of Transportation covers 100 percent of the non- federal share of their two airports regardless of the funding source, while the other non -state owned airports receive 50 percent of the non-federal share, down from 75 percent; and WHEREAS, the last three budget years have beer, overwhelmingly sketved towards the state owned airports: 1991-92, 57 percent of airport funding; 1992.93, 41 percent of airport funding and proposed for 1993-94, 73 percent of airport funding; and rWHEI SAS, stale contracts for airport matching grants require that state aircraft be allowed free and unlimited access to local government airport facilities at any time; and VUIEREAS, the New York State Association of Counties makes tine following recommendations: L All categories of airports should be allowed equal access to any residual fiends which may be available from the original 1967 Airport Bond Act monies allocated to state owned airports; II. New Yorh State Department of Transportation should furnish an accounting of how all Bond fund accounts and appropriations, and any other monies appropriated for capital projects, have been disposed to state owned airports and whether there are any uncommitted balances; III. Full restoration of the 75 percent state match for the not federal share of FA1J.IUP Grants regardless of the funding source; IV. Revise existing budget language to include slate funding allocutions for federal eligible projects funded 100 percent by passenger facility charges; NOW, THE, RE,FORE, BE IT RESOL SD, New York Stale should invest more in all airporis in New Yorh State to stimulate local economies, corrunensurate will, the levels historically afforded to state airports; and BE IT =, 7'IZER RESOLVED that topics of this resolution be foruvar-ded to Governor Mario M. Cuomo, all members of tine New Yorh Slate Legislature, the Federal Auiation Administration, State Transportation Commissioner and all others deemed necessary and proper. December 14, 1992 Engineers, Inc. 1020 Seventh North Street, Liverpool, New York 13088-6199 (315) 457-6711 Fax (315) 457-9803 RECEIVED Town of Southold Mr. Scott L. Harris DEC 3 q 1992 Town Hall, 53095 Main Road PO Box 1179 Cr„ ,}hnl. T r, -1—Ir Southold NY 11971 I:N: E5f CalUCixinos a ;Pima Engineers, P.C., into and with C&S Engineers, Inc. Dear Mr. Harris: We are pleased to announce that Calocerinos & Spina Engineers, P.C., has recently merged with and into C&S Engineers, Inc., with C&S Engineers, Inc., the surviving corporation. The merger was effective December 14, 1992. This merger is pursuant to a recent amendment to New York State's Business Corporation Law. Specifically, Section 1513 of the Business Corporation Law was amended to allow the merger of a professional corporation with and into a chartered corporation authorized to provide professional engineering services in the State of New York. C&S Engineers, Inc., is such a charter corporation. The charter for C&S Engineers, Inc., has been in existence since 1929 and has been owned and operated by the same individuals owning and operating Calocerinos & Spina Engineers, P.C., since 1985. To eliminate the administrative burden associated with the operation of two corporate entities and for other business reasons, the directors felt it best to merge and operate as one. Pursuant to the merger, C&S Engineers, Inc., will carry on the business of Calocerinos & Spina Engineers P.C., without interruption. There has been and will be no personnel changes, management reorganization, or other noticeable difference in the day to day handling of your project. The only I11-- noticeable outward indication of the T,araPr u��' _ 41.E Engineers, P.C., to C&S Engineers, Inc. As of this date forward, all dealings with our company, including invoices, statements, reports, plans, and specifications will be under the name C&S Engineers, Inc. In light of the plan of merger and assumption of obligations, contracts, and liabilities, there is no need for C&S Engineers, Inc., to individually assume each contractual obligation of Calocerinos & Spina Engineers, P.C. Should you have any questions regarding our merger, please feel free to contact me or our General Counsel, Anthony M. D'Eredita. Very truly yours, C&S ENGINEERS, INC. Orrin B. MacMurr , E. Executive Vic esident OBM:lbh C16s, Calocerinos & Spina Engineers, P.C. December 9, 1992 Mr. R. Philip Knauff Manager Fisher's Island Ferry District P.O. Box H Fisher's Island, New York 06390 RECEIVED DEC 11 1992 Re: Fishers Island -Elizabeth Field File: 211 Dear Mr. Knauff: We are writing today to alert you that New York State matching grant offers for FY 92 projects are expected to be mailed to your municipality before January 1, 1993. The grant will need to be accepted and returned to the State Department of Transportation with copies of a resolution authorizing acceptance. The state has recently notified us that historically many of the resolutions which are being returned with signed grants are not acceptable to the NYSDOT Comptroller's Office. For your convenience we have enclosed a copy of the letter written by the state outlining the details which they wish to see in each resolution. We have also provided a sample resolution for each of the state grants you should be receiving. You will notice that some information is still missing, and will need to be completed by the municipality. Also, I recommend that you compare the state grant amount stated in the sample to the actual grant documents. We have not filled in the project description for you because the state has requested that the description be copied exactly as written in the grant documents. We are hoping that the enclosed information will help eliminate some of the problems which delay state grant funds. If you have any questions or need additional information, please feel free to contact us at (315) 455-7981. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Sheila M. Farley Grants Administrator SMF:cb Enclosures cc: Mr. Soctt L. Harris 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9803 w STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 JAMES A. KUZLOSKI REGIONAL DIRECTOR October 14, 1992 Honorable Scott L. Harris Supervisor Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Mr. Harris: FRANKLIN E. WHITE COMMISSIONER Required Elements for Resolutions Accompanying Aviation State Grant Agreements Recently we have had a considerable number of aviation grant agreements authorizing resolutions returned by the State Comptroller's Office to the local municipality for correction. To avoid confusion and delays in processing future grants, attached is a Department of Transportation memorandum dated September 15, 1992 specifying the required elements for an aviation State Grant Resolution. A sample resolution passed by the Town of Massena has also been enclosed. This is a good example of the type of resolution which is acceptable to the State Comptroller's office. The resolution must be signed and certified with either a seal or notary stamp. Very truly yours, /� ✓ JOHN A. FAI,OTICO Planning & Program Management Director Attachment AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER �_''�r,= P. �D7 SEP-1E-139_1-1��h FFi �r� OBC- SURE:=�iJ OF hCCTS. TO � 1, MEMORANDUM DEPARTMENT OF TRANSPORTATION TO: Roger Sisaillion, State Comptroller's office, Alfred E. Smith Office Bldg., 7th Floor FROM: Denise E. Hogan, Aviation Dev. & P1., 4-154a� SUBJECT: REQUIRED ELEXENTS FOR RESOLUTIONS ACCOMPANYING STATE GRANT AGREEMENTS FOR AVIATION DATE: September 15, 1992 Per our recent meeting regarding the above subject, we wish to verify the requirements as requested by your office. 1) All grant dollar amounts must be reflected on the resolution (Total Project Cost; Federal Share; State Share and Local Share). The Total Project Cost and State Share figures must correspond to the State Grant, 2) The project description must correspond to the description as stated on the State Grant, 3) The resolution must be signed and certified (with either s seal or notary stamp). At least one resolution must be an original with original signatures. DEH/ibm c r AQ OVE w 19,2 foR SHE STATE COMFIROl1fR At a rea lar meet-.Jng o. -L: the Town Board of _.ne Town- H n�JrarCaJC.JI:n=V, Need York, held a= e Town dal!, _i:C`�asc2�2n a/ -i New '1or:c, on =.=e ilj=1 day of vune, 199.2 ,3= 7:20 o'clock ?. .m. T_:e mee=-nc was called _c order ^:; Su-erv__cr Duane T. . Ha_a__=r. and ucon rc 11 bc_ ?C cs! led, =o 1 low- na TNe_ _ PRESNET . Cucervisor Duane T. Counc_lman Donald P. Por_olese Counc-ilman Aber-_ I.N . I1_colc CcunC_lman Rene P. Far_ Courcilmar. Ant^onv M. Bronchett_ The foIIcw:.nq =eso1u_.on was of`ered by Counc_1man 3r•:ncze_._ wto moved _LS adoC_:.on, seconded 'v Counc-ilman PCr_ol se WH=RETS apol_ca__cn for avaylable F ec=_r__ ..und_nc =cr and L1Cil1:_nc for 'Tax wadi A a-,- _he Mas =e.^.a R_char :s = _--l.d ?%_r^.v^r = :ate been approved, and NHEPIAG _ae Cro j eC= has bean deemed CorS_- s -_a - w'_'th sound -_ nS- por _ton develC:me^= Co! _c'i and C1 ai+?^._:'.c concepl:S =J= New `jCr.,< para__on W::LRE .. = ederc_ =-:.ar = o= .::= _ _ _.. = amour._ _c S =_; , 900 , _ e S _.:.-e share amour._5 _o "1 25 , _..- _ocaI s%_r_ ,=:Tioun_S =^. S11,775 for a to_a_ amoun_ c= S-7_,000 TH_RE"TORE B= IT RESOL` EC _ .a = _he m�-,wrof Masse a e^=er _ :._o an AA ` - _�? New `�or K S t.:_o Depar -me^. - o- T= =nS=or =at-' =C=' r-..^.anc_a_ ass_s__=nce, no _o eitceea S15 25,_: __ PsN :S, -or _ prepara__on c= rcrmen_-._ AsSeSsme.^._ =or Rehab____3__cn and __c,:_ nc -7r TasL�'Nay A a_ _.:- i$asSena .._c...__..0 _ _._C. rpC_ an BE IT.:RT::== RESOLVED _..__ _^e Supe_-r-=_cr be au -r -'-or- -7=e- =o exec, -,,--e dccumen_s or. behalf c- _.^.e _owr 7L %jascena. QueS__on of _he aCCD__cn o- _-e-Crsco-.nc _Bsolu__Cn was du l v Pu,: to a vote on roll call, wt. -ch _=_sul_ed as f..11ows. STATE OF NEW YORK County of St. Lawrence, Town of Massena SucerV_sor Hazel =oil Counc--lman Portolese Counc-Liman v_cola ss: Vot_nc Ave Vol:' -ng Ave Voting Ave I hereby certify that I have compared the foregoing copy with the originai Town Board Resollst_on Agreement: :,�-_-� Mys Dep_. C_ T=ansnor=�t_Cn ,_ 335,3255(C_a=e Y_v 7902.1$) (fated June 10, 1992 Un fiie in this office and that it is a true and correct transcript :her=from, and of the whoie of said original. In witness Nhereof, I have nereunt0 set my hand and sea! of office.::: Massena. view York. C 19 _ York, "M'S Calocorinos & Spina Engineers. P.C. July 21, 1992 2 7� Mr. R. Philip Knauff Manager Fisher's Island ferry District P.O. Box H Fisher's Island, New York 06390 Re: Fisher's Island Elizabeth Field Direct Deposit File: 211 Dear Mr. Knauff: Would you like to receive reimbursement for your airport projects within 24 hours after making a request? The Federal Aviation Administration now has a system which will do exactly that. You no longer have to wait 3 to 6 weeks for a federal treasury check. You can withdraw your federal grant funds over the telephone line and funds will be deposited directly into the appropriate bank account. We are writing today to offer our assistance with making the necessary arrangements to put your eligible future grants on the Direct Deposit System. The enclosed package provides general information about how to get started. We will provide whatever assistance you need to get your system up and running. We are planning to continue to provide the request forms, calculations, and backup documentation for your files. One or more authorized individuals within your organization will then be responsible for making each withdrawal. Please contact me at your earliest convenience to begin making arrangements for this new withdrawal program. Very truly yours, CALOCERINOS & SPINA ENGINEERS, P.C. Sheila M. Farley Grants Administrator ` SMF:cb Enclosure cc: Mr. Scott L. Harris (w/encl) 1020 Seventh North Street, Liverpool, NY 13088-6199 (315) 457-6711 FAX (315) 457-9803 ■ Grant must be $120,000 (Federal share) or more to be eligible for direct deposit. ■ Calocerinos & Spina Engineers has copies of "Direct Deposit Sign -Up Form" and will assist with completing the required information. Authorized individual must provide signature and mail to financial institution. (Copy of form attached) Direct Deposit Process 4 ■ One person must be authorized by the municipality to apply for direct deposit withdrawal system. ... :.:.:.: ■ Forms are processed by ■ After the grant has been DHHS and sent to the FAA accepted by the sponsor and accounting departmem Kermit returned to the FAA, funds can be software, installation instruc- withdrawn from the Federal tkxm and the Project Treasury as project work is Information Number (PIN) are accomplished. The requested mailed directly to the authorized funds are deposited directly into individual within the municipality a municipal bank account within by the FAA accounting depart- 24 hours of the computerized ment. (C&S will send a request. representative from our com- puter department to assist with ■ Funds can be withdrawn by software installation if your office anyone within the municipality Is unable to get the system who has access to the PIN. running.) V Once the sponsor has been accepted into the system, the direct deposit withdrawal will be automatically included in'special conditions of all future federal grants. C S Equipment Requirements A. Compatible Hardware Systems Smardink performs with most IBM compatible personal computer systems. Other types of computers such as Apple's Macintosh with Red Ryder or White Knight software have been reported to work as well. Minicomputers such as an IBM System 36 or VAX may work; however, support is not available from the Division of Federal Assistance Financing (DFAFS). If you plan to use a system other than an IBM PC compatible, check with the equipment manufacturer for proper configuration and compatibility. B. Modems A Hayes compatible modem is required to connect with the National Institute of Health (NIH) Computer Center. Modems rated at 1200 or 2400 baud work well with Smartlink, however, a few users have found it neceswjy to W- ate at 300 baud to merccxne toch-ucal problems. Therefore, I a ne,y un is to be purchased we recommend the software switchable 300/1200/2400 modems. C. Communication Software Communication software is the program that allows your computer system to communicate with other computers. To run Smardink II, your software must be configured to emulate a VT100 or VT102 terminal. The following software packages are a few known to work with Smardink II: KERMIT (Will be provided by FAA)** BitCorn (Version 2.6A or higher) CrossTa/k Procomm (including Plus) Smartcom (V2.1 or higher) The following communication parameters are a requirement of the NIH Computer Center, and if you use the Quick -Start procedure this is the default: **KERMIT (communication software) was originally developed at Columbia University and modified by the Division of Computer Research and Technology atthe National Institute of Health. The Division of Federal Assistance Financing (DFAFS) provides KERMIT in an effort to make your setup and access to Smardink II simple and inexpensive. Communication packages such as those listed above work just as well; however, some packages do not support cursor addressing as required by Smartlink. DFAFS does not endorse a particular product, butthe communication software that you select must be Hayes compatible. The only true test is to try it and see I it works for you. WASHINGTON. DC 20402 STOCK NO 048-000.003630 -Standard,Form 1199A OMB No. 1510-0007 (Rev. June 1997) Expiration Data 1-31.93 Presorted by Treasury ❑❑11❑❑11110 Treasury Dept. Cir. 1076 �irccr SIGN-UP FORM DIRECTIONS • To sign up for Direct Deposit, the payee is to read the back of this The claim number and type of payment are printed on Government form and fill in the information requested in Sections 1 and 2. Then checks. (See the sample check on the back of this form.) This informa- take or mall this form to the financial institution. The financial in- tion is also stated on beneficiary/annuitant award letters and other stitution will verify the information in Sections 1 and 2, and will com- documents from the Government agency. plete Section 3. The completed form will be returned to the Govern- DATE ment agency identified below. Payees must keep the Government agency informed of any address CITY STATE ZIP CODE changes in order to receive important information about benefits and • A separate form must be completed for each type of payment to be to remain qualified for payments. sent by Direct Deposit. B NAME OF PERSON(S) ENTITLED TO PAYMENT SECTION 1 (TO BE COMPLETED BY PAYEE) A NAME OF PAYEE (last, fist, middle initial) D TYPE OF DEPOSITOR ACCOUNT CHECKING aSAVINGS CHECK E DEPOSITOR ACCOUNT NUMBER ADDRESS (street, route, P.O. Box, APO/FPO) DIGIT ❑❑11❑❑11110 E DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the Identity of the above-named payee(s) and the account number and title. As representative of the above-named financial Institution, I cer tlfy that the financial Institution agrees to receive and deposit the payment Identified above In accordance with 31 CFR Parts 240, 209, and 210 PRINT- OR TYPE REPRESENTATIVE'S NAME SIGNATURE OF REPRESENTATIVE TELEPHONE NUMBER DATE CITY STATE ZIP CODE F TYPE OF PAYMENT (Check only one) ❑ Social Security ❑ Fed Salary/Mil. Civilian Pay []Supplemental Security Income ❑ Mil. Active ❑ Railroad Retirement ❑ Mil. Retire. ❑ Civil Service Retirement (OPM) ❑ Mil. Survivor ❑ VA Compensation or Pension ❑ Other TELEPHONE NUMBER AREA CODE B NAME OF PERSON(S) ENTITLED TO PAYMENT (specify) C CLAIM OR PAYROLL ID NUMBER G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (if applicable) TYPE AMOUNT Prefix Suffix PAYEEIJOINT PAYEE CERTIFICATION JOINT ACCOUNT HOLDERS' CERTIFICATION ioptionall I certify that I am entitled to the payment identified above, and that I have read and understood the back of this form. In signing this form, I I certify that I have read and understood the back of this form, including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. authorize my payment to be sent to the financial institution named below to be deposited to the designated account. SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SECTION 2 (TO BE COMPLETED BY PAYEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION ROUTING NUMBER CHECK DIGIT ❑❑11❑❑11110 E DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the Identity of the above-named payee(s) and the account number and title. As representative of the above-named financial Institution, I cer tlfy that the financial Institution agrees to receive and deposit the payment Identified above In accordance with 31 CFR Parts 240, 209, and 210 PRINT- OR TYPE REPRESENTATIVE'S NAME SIGNATURE OF REPRESENTATIVE TELEPHONE NUMBER DATE Financial institutions should rear to the GREEN BOOK for further instructions THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 7540-01.058-0224 GOVERNMENT AGENCY COPY 119206 FEDERAL CASH TRANSACTIONS REPORT Approved by Office of Management and Budget. No. 80 -R01e2 1- �ual itted sponsoring agency and Organizational elemeet to which this report (See instructions on the back. If report is for more than one grant or assistance agreement, attach completed Standard Form 872—A.) 2. RECIPIENT ORGANIZATION 4. Federal gnat or other identifin- 1 S. Recipient's account number or tion number Identifying number Name 6. Letter of credit number 7. Last payment voucher number Number and Street Give total number for this period S. Payment Vwdm s credited to your memo S. Trossury ehects received ( whether or not deposited) City. dy'ZIP Code: 10. PERIOD COVERED BY THIS REPORT 3. FEDERAL EMPLOYER' IDENTIFICATION NO. FROM (mrowtA, day, year) TO (=oath, day year) a. Cash on hand beginning of reporting period b. Letter of credit withdrawals c. Treasury check payments 11. STATUS OF d. Total receipts (Sum of linea b and c) FEDERAL e. Total cash available (Sum of lines a and d) CASH f. Gross disbursements g. Federal share of program income (See specific _ instructions on the back) h. Net disbursements (Line f minus line g) i. Adjustments of prior periods j. Cash on hand and of period 12. THE AMOUNT SHOWN 13. OTHER INFORMATION ON LINE llj, ABOVE, REPRESENTS CASH RE' QUIREMENTS FOR THE a. Interest income ; ENSUING Bays b. Advances to subgrantees or subcontractors I $ 14. REMARKS (Attach additional sheets of plain paper, if more space is required) 15. CERTIFICATION SIGNATURE I certify to the best of my knowledge and belief that AUTHORIZED this report is true in all re- spects and that all disburse- CERTIFYING TYPED OR PRINTED NAME AND TITLE ments have been made for the purpose and conditions OFFICIAL of the grant or agreement THIS SPACE FOR AGENCY USE DATE REPORT SUBMITTED TELEPHONE (Area Code, Numbcr, Y:rtension ) 272- 102 STANDARD FORM 272 (7-76) Prescribed by Office of Management and Budget Cir. No. A-110 INSTRUCTIONS Please type or print legibly. Items 1, 2, 8, 9, 10, 11d, 11e, 11h, and 15 are self' explanatory, specific instructions for other items are as follows: item Entry 3 Enter employer identification number assigned by the U.S. Internal Revenue Service or the FICE (institution) code. If this report covers more than one grant or other agreement, leave items 4• and 5 blank and provide the information on Standard Form 272-A, Report of Fed- eral Cash Transactions --Continued; otherwise; 4 Enter Federal grant number, agreement number, or other identifying numbers if requested by sponsoring agency. 5 This space reserved for an account number or other identifying number that; may be assigned by the re- cipient. 6 Enter the letter of credit number that applies to this report. If all advances were made by Treasury check, enter "NA" for not applicable and leave items 7 and 8 blank. 7 Enter the voucher number of the last letter -of -credit payment voucher (Form TUS 5401) that was credited to your account. 11a Enter the total amount of Federal cash on hand at the beginning of the reporting period including all of the Federal funds on deposit, imprest funds, and unde- posited Treasury checks. 11b Enter total amount of Federal funds received through payment vouchers (Form TUS 5401) that were cred- ited to your account during the reporting period. 11c Enter the total amount of all Federal funds received during the reporting period through Treasury checks, whether or not deposited. Entry Item emplopee's share of benefits if treated as a direct cost, interdepartmental charges for supplies and services, and the amount to which the recipient is entitled for indirect costs. 11g Enter the Federal share of program income that was required to be used on the project or program by the terms of the grantor agreement. 11i Enter the amount of all adjustments pertaining to prior periods affecting the ending balance that have not been included in any lines above. Identify each grant or agreement for which adjustment was made, and enter an explanation for each adjustment under "Remarks." Use plain sheets of paper if additional space is required. 11j Enter the total amount of Federal cash on hand at the end of the reporting period. This amount should include all funds on deposit, imprest funds, and unde;posited funds (line e, less line h, plus or minus line i). 12 Enter the estimated number of days until the cash on hand, shown on line 11j, will be expended. If more than three days cash regirements are on hand, provide an explanation under "Remarks" as to why the drawdown was made prematurely, or other reasons for the excess cash. The requirement for the explanation does not apply to prescheduled or automatic advances. 13a Enter the amount of interest earned on advances of Federal funds but not remitted to the Federal agency. If this includes any amount earned and not remitted to the Federal sponsoring agency for over 60 days, explain under "Remarks." Do not report interest earned on advances to States. 13b Enter amount of advance to secondary recipients in- cluded in item 11 h. 11f Enter the total Federal cash disbursements, made 14 In addition to providing explanations as required above, during the reporting period, including cash received give additional expl: nation deemed necessary by the as program income. Disbursements as used here also recipient and for information required by the Federal include the amount of advances and payments less sponsoring agency in compliance with governing legis - refunds to subgrantees or contractors, the gross lation. Use plain sheets of paper if additional space is amount of direct salaries and wages, including the required. eu.S. Government Printing Office: 1989-237-499/00070 STANDARD FORMA 272 (BACK) (7-70) 0 - U.S. Department of Transportation Federal Aviation Administration APR v 1992 1Q Mr. Scott L. Harris + 92i° y Superintendent, Town of Southold SUPEsVI'OkS Main Road TOiNN OF SOS OFFICF Southold, New York 11971 SOLD Dear Mr. Harris: As you know, our office, in conjunction with Federal Aviation Administration (FAA) Headquarters in Washington, DC, has made an effort to issue for your airport a Tentative Allocation early in the year, so that you would have sufficient time to prepare project application(s) and submit them to us. As of now, we have not receive any application, although we notified you about your Tentative Allocation. We would appreciate that you expedite the application(s) to us, so that we can accelerate the grant process. It is understood that we will not issue a grant offer until we receive the final engineering costs and bid data from you. Sincerely, F Philip Brito Manager New York Airports District Office tzce�sioR� STATE OF NEW YORK DEPARTMENT OF TRANSPORT VETERANS MEMORIAL HIGH HAUPPAUGE, N.Y. 11788 JAMES A. KLIZLOSKI REGIONAL DIRECTOR March 20, 1992 Honorable Scott L. Harris Supervisor, Town of Southold Town Hall, Main Road Southold, NY 11971 Dear Mr. Harris: SCOTT L. HARRIS H� $� SUPERVISOR TO: a / � "FOR YOUR INFORMATION" FRANKLIN E. WHITE COMMISSIONER �u 0 C? i ` 4 f� Aviation State Grant Funding policy for FFY-92 Program This is to advise all potential grantees of the revised State funding policy for the FFY-1992 Aviation Program. The majority of the FFY-92 program will be funded from a new appropriation in the Governor's proposed budget at 50% of the non-federal share as opposed to the traditional 75%. However, some funding from prior years' budgets remain which can be applied at 75% of the non-federal share. These premium funds will be allocated on a first come first serve basis to those airport sponsors that receive and accept their federal grants the earliest. The above funding plan, which is predicated on limited funds, would fully cover a normal year's demand based on past year's records. If FFY-92 becomes on extraordinary year and a state funding shortfall ensues, some further adjustments may become necessary. If there are any questions regarding this policy revision, please contact Robert Michaud of the Albany Aviation Division at 518-457-2821. Very truly yours,_ C� JOHN A. FALOTICO Planning & Program Management Director AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER e SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Mr. Robert Michaud Director, Aviation Development Aviation Division New York State Department of Transportation 1220 Washington Avenue Albany, New York 12232 Dear Mr. Michaud: February 4, 1992 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Elizabeth Field Airport 1992 Five -Year Capital Improvement Program Enclosed for your review and consideration is our current Five -Year Capital Improvement Program for Elizabeth Field Airport -Fishers Island. The Program identifies projects necessary for continued development of our airport and provides a brief description, cost estimate and justification of each. Please be assured that the Town of Southold is committed to maintaining and improving the facilities of the Elizabeth Field Airport and respectfully requests your assistance in this effort. If you have any questions regarding our program, or if more detailed information is necessary, please do not hesitate to contact me. Very truly yours, TOWN OF SOUTHOLD Mr. Scott L. Harris Town Supervisor SLH:kal Enclosure cc: Mr. Philip Brito (w/enol.) Mr. James Kuzloski (w/encl.) Calocerinos & Spina Engineers, P.C. 5 — YEAR CAPITAL IMPROVEMENT PROGRAM Elizabeth Field Airport Airport Category: Town of Southold Associated City : General Aviation Fishers Island I i I I PROJECTI FUNDING / SHARE I I 1 FY I PROJECT TITLE I DESCRIPTION I COST I FAA STATE SPONSOR I JUSTIFICATION I 1-1 I 1 I I ($1000)1 I (E1000) 1 I ($1000) 1 I ($1000)1 I 1 I I 119921 RUNWAY 12-30 REHABILITATION I I I Design of a bituminous overlay of Runway 12- 1 I 70 1 I 63.001 I 5.251 I 1.751 I Runway 12-30 is the primary runway at 1 1 1 (DESIGN) 130 (23281x1001) including all related surface I I 90.0X1 7.5% 1 2.5X1 Elizabeth Field. The pavement is cracked I 1 1 1 preparation, grading, marking and surface I I I I 1 and worn and in need of rehabilitation to I I I 1 restoration. I 1 1 I 1 preserve the structural integrity of the I I I I I I I I I I I I I I I I I pavement. I I 745.201 20.701 119931 RUNWAY 12-30 REHABILITATION Runway 12-30 is the primary runway at 1 I Construction of a bituminous overlay of 1 828 1 62.101 1 i (CONSTRUCTION) 1 Runway 12-30 (2328'x100') including all 1 1 90.0%1 7.5% 1 2.5X1 Elizabeth Field. The pavement is cracked 1 1 1 1 related surface preparation, grading, marking 1 1 i 1 1 and worn and in need of rehabilitation to I 1 1 I and surface restoration work. 1 1 I 1 1 preserve the structural integrity of the I I I i t I I I I I I I I I I I I pavement. I I I—I 119931 RUNWAY 7-25 REHABILITATION I I I 55 1 I I 4.131 I 1.381 I I Design of a 19401x75' bituminous overlay of I The runway pavement is cracked and worn but I 49.501 1 1 (DESIGN) 1 Runway 7-25 including all related surface 1 1 90.0X1 7.5% 1 2.5X1 in good condition. A maintenance overlay is I 1 1 1 preparation, grading, marking and restoration.) I I I 1 required in order to provide a smoother I 1 1 1 1 ( 1 1 1 riding surface and to prevent further I 1 1 I I 1 I I I I I I I I I 1 I deterioration of the pavement. 1 I—i 119941 RUNWAY 7-25 REHABILITATION I I I 607 I I I 45.531 I The runway pavement is cracked and worn but I 1 Construction of a 19401x75' bituminous 1 546.301 15.181 1 1 (CONSTRUCTION) 1 overlay of Runway 7-25 including all related 1 1 90.0X1 7.5% 1 2.5X1 in good condition. A maintenance overlay is I 1 1 surface preparation, grading, marking and 1 i 1 1 1 required in order to provide a smoother I 1 1 I restoration. 1 1 1 1 1 riding surface and to prevent further 1 1 1 I I 1 1 I I 1 I 1 I 1 I 1 I deterioration of the pavement. 1 I 27 -Jan -92 * - Represents projects where accurate cost estimates are not available. Page 1 ft —1W 5 - YEAR CAPITAL IMPROVEMENT PROGRAM Elizabeth Field Airport Airport Category: General Aviation Town of Southold Associated City : Fishers Island 27 -Jan -92 * - Represents projects where accurate cost estimates are not available. Page 2 PROJECT FUNDING / SHARE FY PROJECT TITLE DESCRIPTION I COST I FAA STATE SPONSOR I JUSTIFICATION 1-1 (S1000)l ($1000) 1 ($1000) 1 (51000)1 119941 APRON & ACCESS TAXIWAY Design of a 9,000 square yard parking apron 1 51 1 45.901 3.831 1.281 increased aircraft parking area is required (DESIGN) and a connecting taxiway. Project includes 1 90.0%1 7.5% 1 2.5%1 to satisfy existing aircraft operational all drainage, pavement, grading, lighting and ( demands. The taxiway will provide access to marking design. ( Runway 7-25 from the parking area. 119951 APRON & ACCESS TAXIWAY Construction of a 9,000 square yard parking 1 516 1 464.401 38.701 12.901 Increased aircraft parking area is required (CONSTRUCTION) apron and a connecting taxiway including all 1 90.0%1 7.5% 1 2.5%1 to satisfy existing aircraft operational related drainage, pavement, grading, lighting demands. The taxiway will provide access to and marking work. Runway 7-25 from the parking area. 119951 PARALLEL TAXIWAY TO RUNWAY Project includes design of a 35 foot wide 1 40 1 36.001 3.001 1.001 Presently, aircraft must taxi on active 7-25 (DESIGN) full parallel taxiway to serve Runway 7-25 1 1 90.0%1 7.5% 1 2.5%1 runway surfaces to gain access to the runway including pavement, drainage, grading, ends. This significantly reduces runway marking, and lighting design. capacity and is considered a safety hazard. 119961 PARALLEL TAXIWAY TO RUNWAY Project includes construction of a 35 foot 1 394 1 354.601 29.551 9.851 Presently, aircraft must taxi on active 7-25 (CONSTRUCTION) wide full parallel taxiway to serve Runway 7- 1 1 90.0%1 7.5% 1 2.5%1 runway surfaces to gain access to the runway 25 including all related pavement, drainage, ends. This significantly reduces runway grading, marking, and lighting work. capacity and is considered a safety hazard. 27 -Jan -92 * - Represents projects where accurate cost estimates are not available. Page 2 - 5 - YEAR CAPITAL IMPROVEMENT PROGRAM Elizabeth Field Airport Airport Category: General Aviation Town of Southold Associated City : Fishers Island I I I FY I PROJECT TITLE 1 I I I I -I i I I I 119961 PARTIAL PARALLEL TAXIWAY TO I I I RUNWAY 12 (DESIGN) 1 I I I I I I I I I I I i 119971 PARTIAL PARALLEL TAXIWAY TO 1 1 RUNWAY 12 (CONSTRUCTION) 1 I I I I I I I I I I I I I -I I 27 -Jan -92 * - Represents projects where accurate cost estimates are not available. Page 3 I PROJECTI FUNDING / SNARE I I DESCRIPTION I COST I FAA STATE SPONSOR I JUSTIFICATION I 1 ($1000)1 I I ($1000) 1 I ($1000) 1 I (S1000)1 I I Project includes the design a 35 foot wide I I 1 40 1 I 36.001 I 3.001 I 1.001 I Currently, aircraft must taxi on active I partial parallel taxiway to Runway 12 1 1 90.0X1 7.5% 1 2.5X1 runway surfaces to obtain access to runway 1 including pavement, grading, drainage, I I I I I ends. This significantly reduces runway 1 marking and lighting design. I I I I I I I I I I capacity and is considered a safety hazard. 1 I I I I 1 420 1 I I I I I I 10.501 I I Currently, aircraft must taxi on active I Project includes the construction of a 35 378.001 31.501 foot wide partial parallel taxiway to Runway I 1 90.0X1 7.5% 1 2.5X1 runway surfaces to obtain access to runway I 12 including all related pavement, grading, I I I I I ends. This significantly reduces runway I drainage, marking and lighting work. I 1 I I I I I I 1 I I I I I I i I I I I capacity and is considered a safety hazard. 1 I I I 27 -Jan -92 * - Represents projects where accurate cost estimates are not available. Page 3 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 4, 1992: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to transmit to the New York State Department of Transportation the Draft Five -Year Capital Improvement Program for Elizabeth Field Airport, Fishers Island, which Program identifies projects necessary for continued development of the airport and provides a brief description, cost estimate and justification for each; all in accordance with the recommendation of Calocerinos & Spina Engineers, P.C., the Town's engineers for the Program. Judith T. Terry Southold Town Clerk February 5, 1992 `c s January 29, 1992 Mr. Scott L. Harris Supervisor, Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RECEIVED 1= � B 3 1992 Southall T,,...., (104 Re: Elizabeth Field Airport 1992 Five -Year Capital Improvement Program File: 211. Dear Mr. Harris: Enclosed is a draft Five -Year Capital Improvement Program which was prepared based upon your previous program and Airport Layout Plan Update (1988). Please review the Program and advise us of any required revisions. If the Program is acceptable, please retype the enclosed sample letter on Town of Southold letterhead and forward the plan to Robert Michaud with copies to James Kuzloski, Philip Brito, and Calocerinos & Spina Engineers, P.C.(address listing attached). If you have any questions or if additional information is required, please do not hesitate to contact our office. Very truly yours, CALOCERINOS ;James, . Lea ineer JWL:kal Enclosure cc: Mr. Philip Knauff ENGINEERS, P.C. C' -.C6"" ,4. February 4, 1992 Mr. Robert Michaud Director, Aviation Development Aviation Division New York State Department of Transportation 1220 Washington Avenue Albany, New York 12232 Re: Elizabeth Field Airport 1992 Five -Year Capital Improvement Program Dear Mr. Michaud: Enclosed for your review and consideration is our current Five -Year Capital Improvement Program for Elizabeth Field Airport -Fishers Island. The Program identifies projects necessary for continued development of our airport and provides a brief description, cost estimate and justification of each. Please be assured that the Town of Southold is committed to maintaining and improving the facilities of the Elizabeth Field Airport and respectfully requests your assistance in this effort. If you have any questions regarding our program, or if more detailed information is necessary, please do not hesitate to contact me. Very truly yours, TOWN OF SOUTHOLD Mr. Scott L. Harris Town Supervisor SLH:kal Enclosure cc: Mr. Philip Brito (w/enol.) Mr. James Carrigan (w/encl.) Calocerinos & Spina Engineers, P.C. ADDRESS LISTING Mr. Philip Brito, Manager Federal Aviation Administration New York Airports District Office 181 South Franklin Avenue Room 305 Valley Stream, New York 11581 Mr. James Kuzloski New York State Department of Transportation, Region 10 NYS Office Building Veterans Highway Hauppauge, New York 11787 Calocerinos & Spina Engineers, P.C. 1020 Seventh North Street Liverpool, New York 13088 I JUDITH T. TERRY TOWN CLERK :GGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF ' HE TOWN CLERK TOWN OF SOUTHOLD August 2, 1991 Philip Brito, Manager New York Airports District Office USDOT-Federal Aviation Administration 101 South Franklin Avenue - Room 305 Valley Stream, New York 11581 Dear Mr. Brito: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 Returned herewith are the required number of executed Amendment No. 1 to the Grant Agreement for Project No. 3-36-0029-01-85 at Elizabeth Field Airport, Fishers Island, New York, as well as the required number of executed copies of the revised final payment application. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Accounting 8 Finance JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER �oc�vFFOIKtZ,?y o � Z OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 30, 1991: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott L. Harris to execute Amendment No. 1 to the Grant Agreement between the U.S. Department of Transportation, Federal Aviation Administration, and the Town of Southold, for a $2,662.12 increase from $134,244.00 to $136,906.12 under the 1985-86 grant to seal and repair the runways at Elizabeth Field Airport, Fishers Island. Judith T. Terry Southold Town Clerk August 1, 1991 USDeparfineft of lar15pWallon AM r allon 'JUL i l 191 Mr. Scott L. Harris Q Supervisor, Town of Southo 7s6,-Q1VA( Town Hall 53095 Main RoadSouthold New York 12953 S�", Dear Mr. Harris: New %,U Airp)lts b;s:rat ()NIMH, Flom 3ro , 101 89"N Frm*No Ave. %ftyvtram My,, "at We enclose original and four (4) copies of Amendment No. 1 to the Grant Agreement for Project No. 3-36-0029-01-85 at Elizabeth Field Airport, Fishers Island, NY. This Amendment increases the Grant obligation from $1.34,244 to $136,906.12. If this Amendment is acceptable, you should execute it pursuant to the -governing laws of your agency. The certification by your attorney that the acceptance of this Amendment complies with applicable law and constitutes a legal and binding obligation is part of this execution. When the executed Amendment has been determined to be legally sufficient, you will be notified accordingly. After such execution, please return to this office the original and '-three (3 ) copies of the Amendment executed as duplicate originals (that is, with original signatures thereon). The obligations assumed under this Amendment to the Grant Agreement shall not be changed or modified except with the written consent of this office. In order to expedite the payment of $2,662.12 we are enclosing a copy of a revised final payment application which you have to submit in triplicate (with original signatures thereon. Please be advised that this Amendment must be executed by September 30, 1991 to avoid the pullback of the available funding. Sincerely, w Philip Br Manager Enclosure US.AepaMrent of W nsponation Federd Avleatlon Adm(nistration Page 1 of 2 Pages Contract No. FA -EA 2663 Elizabeth Field Amort Fishers island, New York (L.ocation) AMENDMFNTNO. 1. TO GRANT AGREEMENT FOR PROJECT NO. _3-36-0029-01-85 WHEREAS, the Federal Aviation Administration (herein after referred to as the "FAA') has determined it to be in the interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States, and the Town of Southold, New York (hereinafter. referred to as the "Sponsor'), accepted by said Sponsor on the 16 day of Aug ,19 9 51 . to be amended as hereinafter provided NOW 'THEREFORE, WPINESSETM That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States. on one part, and the Sponsor, on the other part, do hereby mutually agree as follows: To increase Grant Obligation from $134,244 to $136,906.12 IN WITNESS WHEREOF, theparties hereto havecaused this Amendment to said Grant Agreement to be duly executed as of the 30th day of j u i X .19 Pill I 419 � ` M • u.� r PhiljlV— er, • Title Man FAA Form 5100-38 (10-89) 1 Supersedes FAA Form 5100-38 pages 1 and 2 _..................................................�,...,..... ,.,...,..,., ,.,.,.,.,.,...,.,.,...........,.....,..f77 Page 2 of.2_. Pages Project No. 1-36-00.9-01—s5 Elizabeth Field Airport Southold. New York (Location) Town -o€ Southold - °(Name of S ) _... . B catt- L644t Harris' (sEAL)Title Supervisor. Attest: -judim t..I erryy . Southold., T..ovun CCerk Title: •- CER A F S NSO 'S ATTORNEY I,acting as Attorney for Town of Southold 4 'Won (&r4fnafterieferred to as "Sponsor") do hereby certify: Matthew G. Kiernan That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relaiing' thereto, and -find that the execution thereof by said Sponsor has been duly New yj54zed and is in all respects due and proper and in accordance with the laws of the State of and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Southold, NY this 30th dayof JuIY .19-2-1 r 11. STATUS OF FUNDS Approved by Office of Management and PAGE OF OUTLAY REPORT AND REQUEST FOR REIMBURSE- Budget, No. 80-RO181 PAGES MENT FOR CONSTRUCTION PROGRAMS 1. TYPE OF REQUEST 2r BAPS OF REQUEST (See instructions on back) X FINAL ❑ PARTIAL LJ CASH ❑ ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GRANT OR OTHER S. PARTIAL PAYMENT REQUEST NO. WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED BY F DERAL AGENCY i .3 3 - 00 -off-yr .i 6. R IDENTIFICATION 7. RECIPII NT ACCOUNER R OTHER PERIOD COVERED BY THIS REPORT NUMBER DE FROM (Month, day, year) /�— %7'e1rr TO (Mow.th. day, gear) G dd /io 0/ 3 9. RECIPIENT OR ANI TION 10. PAYEE ( Where check should be sent if different than item y) Name ttiN d /' �� �� Name No. and �� v 9 ��/ j� /i"� No. and Street Street City,A/ State and �v DLT / A J 7I I City, Street and ZIP Code: ZIP Code : 11. STATUS OF FUNDS zia—auz STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Mr. No. A-110 _1 7 L PROGRAMS—FUNCTIONS—ACTIVITIES CLASSIFICATION TOTAL (a) (b) W a. Administrative expense $ $ I $ b. Preliminary expense i c. Land, structures, right-of-way d. Architectural engineering basic fees ES O D O 31 e. Other architectural engineering fees Cd/ / T" i_ l r✓i f (t✓�fi% f. Project inspection fees g. Land development i h. Relocation expense L,/,p % 10cvN e -I 14 L Relocation payments to individuals and businesses j. Demolition and removal k. Construction and project improvement Cost I. Equipment m. Miscellaneous cost n. Total cumulative to date (sum of lines a thru m) o. Deductions for program income p. Net cumulative to date (Line n minus I S"a 117, 9 l line o) q. Federal share to date / �.� 0 6 • / r. Rehabilitation grants (100% reim- bursement) s Total Federal share (sum of lines q and t. Federal payments previously re- / 3 o quested u. Amount requested for reimbursement $ $ $ $ 6 • / v. Percentage of physical completion of % % t project % 12. CERTIFICATION SIGNATURE OF CERTIFYING OFF IAL DATE REPORT SUBMITTED I certify that to the best of my knowledge 7:D A�4 July 30, 1991 and belief the billed COStS or disburse a. RECIPIENT PED OR PRIN D NAME AND TITLE TELEPHONE (Area code. ments are in accordance with the terms Scott Louis Harris number and extension) of the project and that the reimbursement Supervisor, Town of Southold (516) 765-1801 represents the Federal share due which SIGNATURE OF AUTHORIZED CERTIFYING DATE SIGNED has not been previously requested and OFFICIAL that an inspection has been performed b. Representative and all work is in accordance with the certifying to line 11v. TYPED OR PRINTED NAME AND TITLE TELEPHONE (Area code terms of the award. number and extension) zia—auz STANDARD FORM 271 (7-76) Prescribed by Office of Management and Budget Mr. No. A-110 _1 7 L INSTRUCTIONS Please type or print legibly. Items 3, 4, 5, 8, 9, 10, 1Is, and I 1 are self-explanatory; specific instructions for other items are as follows: Item Ent n/ 1 Mark the appropriate box. If the request is final, the amounts billed should represent the final cost of the project. 2 Show whether amounts are computed on an accrued expenditure or cash disbursement basis. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service [or FICE (institution) code if requested by the Federal agency]. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient. 11 The purpose of vertical columns (a) through (c) is to provide space for separate cost breakdowns when a large project has been planned and budgeted by pro- gram, function or activity. If additional columns are needed, use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, func- tions, or activities should be shown in the "total" column on the first page. All amounts are reported on a cumulative basis. l la Enter amounts expended for such items as travel, legal fees, rental, of vehicles and any other administrative expenses. Include the amount of interest expense when authorized by program legislation. Also show the amount of interest expense on a separate sheet. llb Enter amounts pertaining to the work of locating and designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. llc Enter all amounts directly associated with the acquisi- tion of land, existing structures and related right-of- way. lld Ener basic fees for services of architectural engineers. l le Enter other architectural engineering services. Do not include any amounts shown on line d. Item F,ntnj llj Enter gross salaries and wages of employees of the recipient and payments to third party contractors di- rectly engaged in performing demolition or removal of structures from developed land. All proceeds from the sale of salvage or the removal of structures should be credited to this account; thereby reflecting net amounts if required by the Federal agency. llk Enter those amounts associated with the actual con- struction of, addition to, or restoration of a facility. Also, include in this category, the amounts for project improvements such as sewers, streets, landscaping, and lighting. 111 Enter amounts for all equipment, both fixed and mov- able, exclusive of equipment used for construction. For example, permanently attached laboratory tables, built- in audio visual systems, movable desks, chairs, and laboratory equipment. llm Enter the amounts for all items not specifically men- tioned above. lln Enter the total cumulative amount to date which should be the sum of lines a through m. llo Enter the total amount of program income applied to the grant or contract agreement except income in- cluded on line j. Identify on a separate sheet of paper the sources and types of the income. llp Enter the net cumulative amount to date which should be the amount shown on line n minus the amount on line o. l lq Enter the Federal share of the amount shown on line p. llr Enter the amount of rehabilitation grant payments made to individuals when program legislation provides 100 percent payment by the Federal agency. l if Enter inspection and audit fees of construction and l It Enter the total amount of Federal payments previously related programs. requested, if this form is used for requesting reim- bursement. llg Enter all amounts associated with the development of land where the primary purpose of the grant is land improvement. The amount pertaining to land develop- llu Enter the amount now being requested tor reimburse- ment normally associated with major construction_ ment. This amount should be the difference between should be excluded from this category and entered on the amounts shown on lines s and t. If different, ex - line k. plain on a separate sheet. llh Enter the dollar amounts used to provide relocation 12a To be completed by the recipient official who is re - advisory assistance and net costs of replacement hous- sponsible for the operation of the program. The date ing (last resort). Do not include amounts needed for should be the actual date the form is submitted to the relocation administrative expenses; these amounts Federal agency. should be included in amounts shown on line a. Ili Enter the amount of relocation payments made by the 12b To be completed by the official representative who recipient to displaced persons, farms, business con- is certifying to the percent of project completion as cerns, and nonprofit organizations. provided for in the terms of the grant or agreement. STANDARD FORM 271 (7-76) .U.S. COVERNMENT PRINTING OFFICE : 1981 0 - 361-526 (7158) Fishers Island Ferry District Dutrict Canted By Special Aa of The N. Y. State LesUlatwre (lawn of N. Y., 1947, Chapta 6o0) FISHERS ISLAND, NEW YORK 06390 ROBERT P. KNAUFF Manager • Secretary TELEPHONE 788.7463 Area Code 516 New York State Department of Transportation Veterans Memorial Highway Hauppauge, NY 11788 Attn: John A. Falotico Gentlemen: BOARD OF COMMISSIONERS REYNOLDS duPONT, JR., Chairman RAYMOND F. DOYEN RICHARD S. BAKER JOHN C. EVANS THOMAS F. DOHERTY, JR. April 14, 1990 Re: Elizabeth Airport In response to your letter of March 20, 1990, below is listed the update for the Elizabeth Airport capital and planning needs. FY 90 Obstruction lighting and removal. Evaluate the treatment of the extended runway safety area for runways 12-30 and 7-25. Existing runways are extremely short and approaches for three are over water. Aircraft are exposed to shifts in wind speed and direction that require the safety areas to be free of obstructions and graded properly. Estimated cost $150,000.00. FY 91 Rehabilitation of runway 12-30 (100' X 2600') by reconstruc- tion or overlay. Pavement surface is in poor condition. Numerous cracks as well as settled areas exist. Estimated cost $1,300,000.00. FY 92 Runway 12-30 edge lighting, wind cone and beacon. Installa- tion of medium intensity runway edge lighting systems on runway 12-30. Also included is the installation of a rotating beacon, illuminated wind cone. airfield lighting pilot control system and electrical vault. This will better define the pavement edges to allow safe and efficient operations during night and periods of low visibility. The existing system is in poor condition and is unreliable. Estimated cost $400,000.00 F. I. FERRY DISTRICT ltr dtd 4/14/90 page 2 Runway 12-30 visual landing aids. Installation of precision approach path indicator (PAPI) and runway end identifier light (REIL) systems on runway 12-30. This will provide visual descent guidance and improved runway identification for pilots during aircraft landing operations. Estimated cost $200,000.00. FY 93 Perimeter fencing. Installation of chain link fencing along selected boundary locations to prevent unauthorized access to airside facilities. Apron expansion. Construct approximately 7500 square yards of aircraft parking apron including all related site preparation, paving, drainage, lighting and marking improvements. Provide increased aircraft parking area to satisfy future anticipated aircraft operational demands. Estimated cost $500,000.00 FY 94 Rehabilitation of runway 7-25 reconstruction and/or overlay. condition with numerous cracks Estimated cost $800,000.00 (2100' x 75') pavement by Pavement surface is in poor as well as settled areas. Installation of medium intensity runway edge lighting system on runway 7-25. Define pavement edge to allow safe and efficient operations during night and periods of low visibility. Existing lighting system is in poor condition and is unreliable. Estimated cost $200,000.00 Installation of precision approach path indicator (PAPI) and runway end identifier ;light (REIL) systems on runway 7-25 to provide visual descent guidance and improved runway end identification for pilots during aircraft landing operations. Estimated cost $200,000.00. F. I. FERRY DISTRICT ltr dtd 4/14/90 page 3 Install approximately 1,400 linear feet of water line to runway intersection and install fire hydrant to provide additional fire protection on the airfield. Estimate cost $100,000.00. Very truly yours, Robert P. Knauff Copy to: NY Airports District Office FAA Eastern Region supervisor, Town of Southold