
[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Proposed Rules]
[Pages 5318-5319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02033]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter 1

[Docket No. FAA-2013-0988]


Policy and Procedures Concerning the Use of Airport Revenue; 
Proceeds From Taxes on Aviation Fuel

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of proposed clarification of policy; Extension of 
comment period.

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SUMMARY: In order to provide the public additional time to submit 
comments on the proposed Policy, the Federal Aviation Administration 
(``FAA'') is extending the public comment period for thirty days. This 
action proposes to amend the FAA Policy and Procedures Concerning the 
Use of Airport Revenue published in the Federal Register at 64 FR 7696 
on February 16, 1999 (``Revenue Use Policy'') to clarify FAA's policy 
on Federal requirements for the use of proceeds from taxes on aviation 
fuel. Under Federal law, airport operators that have accepted Federal 
assistance generally may use airport revenues only for airport-related 
purposes. The revenue use requirements apply to certain state and local 
government taxes on aviation fuel as well as to revenues received 
directly by an airport operator. This notice publishes a proposed 
clarification of FAA's understanding of the Federal requirements for 
use of revenues derived from taxes on aviation fuel. Briefly, an 
airport operator or state government submitting an application under 
the Airport Improvement Program must provide assurance that revenues 
from state and local government taxes on aviation fuel are used for 
certain aviation-related purposes. These purposes include airport 
capital and operating costs, and state aviation programs. In view of 
the interests of sellers and consumers of aviation fuel, and of state 
and local government taxing authorities in limits on use of proceeds 
from taxes touching aviation fuel, this notice solicits public comment 
on the proposed policy clarification. This notice also solicits 
comments about whether there are other reasonable interpretations 
regarding local taxes that are not enumerated here and should be 
considered by the FAA. Finally, this proposed policy clarification, if 
finalized, would apply prospectively to use of proceeds from both new 
taxes and to existing taxes that do not qualify for grandfathering from 
revenue use requirements.

DATES: Comments period for the Notice published on November 21, 2013, 
at 78 FR 69789 and closed on January 21, 2014 is extended to March 3, 
2014. Comments that are received after that date will be considered 
only to the extent possible.

ADDRESSES: To read background documents or comments received, go to 
http://www.regulations.gov at any time or to Room W12-140 on the ground 
floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    You may also send written comments by any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically. Docket Number: FAA 2013-0988.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington DC 20590-0001.
     Hand Delivery: Deliver to mail address above between 9:00 
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251
    Identify all transmission with ``Docket Number FAA 2013-0988'' at 
the beginning of the document.

FOR FURTHER INFORMATION CONTACT: Randall S. Fiertz, Director, Office of 
Airport Compliance and Management Analysis, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591, 
telephone (202) 267-3085; facsimile (202) 267-5257.

SUPPLEMENTARY INFORMATION: 

Authority for the Proposed Policy Clarification

    This notice is published under the authority described in Subtitle 
VII, part B, chapter 471, section 47122, and the Federal Aviation 
Administration Authorization Act of 1994, Sec.  112(a),

[[Page 5319]]

Pub. L. 103-305, 49 U.S.C. Sec.  47107(l)(1) (Aug. 23, 1994).

    Issued in Washington, DC, on January 17, 2014.
Randall S. Fiertz,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2014-02033 Filed 1-30-14; 8:45 am]
BILLING CODE 4910-13-P


