Chicago Department of Aviation city of chicago
November 24, 2015
The Honorable Susana A. Mendoza
City Clerk City of Chicago City Hall Room 107 121 N. LaSalle Street Chicago, IL 60602
m
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Dear Ms. Mendoza:
Pursuant to the ordinance passed on January 12,1993, attached hereto please find the approval by the Federal Aviation Administration (FAA) dated November 19, 2015 regarding an application by the City of Chicago for the Passenger Facility Charge (PFC) program at Chicago O'Hare International Airport.
If you have any questions regarding these matters, please contact me at (773) 686-
3579.
Sincerely,
Michael Cosentino Chicago Department of Aviation
Attachment
10510 WEST ZEMKE ROAD, P.O. BOX 66112, CHICAGO. ILLINOIS 60666
Federal Aviation Administration 2300 E. Devon Avenue
Great Lakes Region Des Plames, Illinois 60018
U.S. Department of Transportation
Federal Aviation Administration
November 19, 2015
Ms. Ginger S. Evans Commissioner, Department of Aviation City of Chicago, O'Hare International Airport P.O. Box 66142 Chicago, Illinois 60666
Attn: Mr. Michael Zonsius
Dear Ms. Evans:
In accordance with section 158.29 of the Federal Aviation Regulations (Title 14, Code of Federal Regulations, Part 158). the Federal Aviation Administration has approved your application to impose a passenger facility charge (PFC) at Chicago O'Hare International Airport (ORD) and to use PFC revenue at Gary/Chicago International Airport (GYY). The authority to impose a PFC is contingent on your continued compliance with the terms of the regulation and any conditions included in this letter.
Enclosed is a Final Agency Decision which provides specific information about this approval including the approved PFC level, total amount approved, net PFC revenue to be collected, earliest charge effective date, and duration of authority to impose the PFC. This Decision also includes information on the approved projects, as well as the FAA's reason for the decision. The FAA's findings and determinations required by statute and Part 158 as well as the FAA's disposition of comments received in response to your air carrier consultation and public notice are also included in the Decision.
The FAA has approved authority to impose a PFC at ORD and use PFC revenue at GYY for two projects. The total approved net PFC revenue to be collected for the project is $11,125,000, which is the entire amount requested by the City of Chicago Department of Aviation.
The FAA lias also approved your request to exempt that class of carriers defined as Air Taxi from the requirement to collect the PFC. We request that you notify the carriers in the excluded class, which were listed in your application, of this exemption.
Reporting, recordkeeping, and auditing requirements are described in Part 158, Subpart D. Please issue your required quarterly reports in accordance with the previously issued guidance on reports. We request that you advise our Chicago Airports District Office when you notify the air carriers and foreign air carriers to begin collecting PFCs.
In accordance with § 158.33(a)(1), you are required to implement your projects approved for concurrent impose and use authority at ORD no later than 2 years after receiving approval to use PFC revenue on the project.
We have enclosed the list of advisory circulars with which you must comply in accordance with your certification of assurance number 9, standards and specifications.
Daniel F. Vicari, Gary/Chicago International Airport Authority
Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
Updated: 2/11/2015
View the most current versions of these ACs and any associated changes at: circulars
NUMBER TITLE
70/7460-1K Obstruction Marking and Lighting
150/5020-1 Noise Control and Compatibility Planning for Airports
150/5070-6B Change 2 Airport Master Plans
150/5070-7 Change 1 The Airport System Planning Process
150/5100-13B Development of State Standards for Nonprimary Airports
150/5200-28D Notices to Airmen (NOTAMS) for Airport Operators
150/5200-30C Change 1 Airport Winter Safety And Operations
150/5200-31C Changes 1-2 Airport Emergency Plan
150/5210-5D Painting, Marking, and Lighting of Vehicles Used on an Airport
150/5210-7D Aircraft Rescue.and Fire FightingCommunications
150/5210-13C Airport Water Rescue Plans and Equipment
150/5210-14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150/5210-15A Aircraft Rescue and Firefighting Station Building Design
150/5210-18A Systems for Interactive Training of Airport Personnel
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
Updated 2/11/2015 ARP
NUMBER TITLE
150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports
150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles
150/5220-16D Automated Weather Observing Systems (AWOS) for Non-Federal Applications
150/5220-17B Aircraft Rescue and Fire Fighting (ARFF) Training Facilities
150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials
150/5220-20A Airport Snow and Ice Control Equipment
150/5220-21C Aircraft Boarding Equipment
150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns
150/5220-23 Frangible Connections
150/5220-24 Foreign Object Debris Detection Equipment
150/5220-25 Airport Avian Radar Systems
150/5220-26 Change 1 Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS-B) Out Squitter Equipment
150/5300-7B FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes
150/5300-13A Change 1 Airport Design
150/5300-14C Design of Aircraft Deicing Facilities
150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey
150/5300-17C Standards for Using Remote Sensing Technologies in Airport Surveys
150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards
150/5320-5D Airport Drainage Design
150/5320-6E Airport Pavement Design and Evaluation
150/5320-12C Changes 1-8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
Updated 2/11/2015 ARP
NUMBER TITLE
150/5320-15A Management of Airport Industrial Waste
150/5235-4B Runway Length Requirements for Airport Design
150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN
150/5340-1L Standards for Airport Markings
150/5340-5D Segmented Circle Airport Marker System
150/5340-18F Standards for Airport Sign Systems
150/5340-26C Maintenance of Airport Visual Aid Facilities
150/5340-30H Design and Installation Details for Airport Visual Aids
150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting
150/5345-5B Circuit Selector Switch
150/5345-7F Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits
150/5345-1 OH Specification for Constant Current Regulators and Regulator Monitors
150/5345-12F Specification for Airport and Heliport Beacons
150/5345-13B Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits
150/5345-26D FAA Specification For L-823 Plug and Receptacle, Cable Connectors
150/5345-27E Specification for Wind Cone Assemblies
150/5345-28G Precision Approach Path Indicator (PAPI) Systems
150/5345-39D Specification for L-853, Runway and Taxiway Retro reflective Markers
150/5345-42G Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories
150/5345-43G Specification for Obstruction Lighting Equipment
150/5345-44J Specification for Runway and Taxiway Signs
150/5345-45C Low-Impact Resistant (LIR) Structures
150/5345-46D Specification for Runway and Taxiway Light Fixtures
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
Updated 2/11/2015 ARP
NUMBER TITLE
150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems
15075345-49C Specification L-854, Radio Control Equipment
150/5345-50B Specification for Portable Runway and Taxiway Lights
150/5345-51B Specification for Discharge-Type Flashing Light Equipment
150/5345-52A Generic Visual Glideslope Indicators (GVGI)
150/5345-53D Airport Lighting Equipment Certification Program
150/5345-54B Specification for L-884, Power and Control Unit for Land and Hold Short Lighting Systems
150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure
150/5345-56B Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS)
150/5360-12F Airport Signing and Graphics
150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities
150/5360-14 Access to Airports By Individuals With Disabilities
150/5370-2F Operational Safety on Airports During Construction
150/5370-10G Standards for Specifying Construction of Airports
150/5370-11B Use of Nondestructive Testing in the Evaluation of Airport Pavements
150/5370-13A Off-Peak Construction of Airport Pavements Using Hot-Mix Asphalt
150/5370-15B Airside Applications for Artificial Turf
150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements
150/5370-17 Airside Use of Heated Pavement Systems
150/5380-7B Airport Pavement Management Program
150/5380-9 Guidelines and Procedures for Measuring Airfield Pavement Roughness
150/5390-2C Heliport Design
150/5395-1A Seaplane Bases
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
Updated 2/11/2015 ARP
THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY
Updated: 3/7/2014
NUMBER TITLE
150/5100-14E Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects
150/5100-17 Changes 1 - 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects
150/5300-9B Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects
150/5300-15A Use of Value Engineering for Engineering Design of Airports Grant Projects
150/5320-17A Airfield Pavement Surface Evaluation and Rating (PASER) Manuals
150/5370-6D Construction Progress and Inspection Report - Airport Improvement Program (MP)
150/5370-12A Quality Control of Construction for Airport Grant Projects
FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects
Updated 2/11/2015 ARP
FINAL AGENCY DECISION
CITY OF CHICAGO, DEPARTMENT OF AVIATION CHICAGO, ILLINOIS
Application number 13-28-C-00-ORD is to impose a passenger facility charge (PFC) at Chicago O'Hare International Airport (ORD) for use at Gary/Chicago International Airport (GYY).
In accordance with §158.29 of Title 14, Code of Federal Regulations ("CFR") ofthe Federal Aviation Regulations1, this Final Agency Decision (FAD) includes the appropriate determinations to approve or disapprove, in whole or in part, imposition of a PFC at ORD and use of PFC revenue on two projects at GYY2.
Procedural History (Dates)
Air carrier consultation meeting: June16, 2015.
Public notice: June 17 2015.
FAA receipt of application: July 22, 2015.
FAA finding that application is substantially complete: August 21, 2015.
PFC Level, Amount, and Charge Effective Date
Level of PFC: $4.50
Total approved net PFC revenue
in this decision: $ 11,125,000
Earliest charge effective date: December 1, 2038
December 1, 2038, is the "earliest" date on which air carriers are obliged to begin collecting PFCs from passengers ("charge effective date") and is based upon the estimated "charge expiration date" for the previously approved collections in application 11-26-C-00-ORD3. If the City of Chicago Department of Aviation (City) changes the charge expiration date for the previous application, the charge effective date for this application will also change, so that the City can continue to collect the authorized amount of PFC revenue without a cessation in collections. Title 14 CFR §158.43 contains information regarding notification to air carriers and foreign air carriers of the charge effective date and changes to the charge expiration date. In establishing its charge effective date, the public agency must comply with §158.43(b)(3), which states, in part, that the charge effective date will be the first day of a month which is at least 30 days from the date the public agency notifies the carriers of apprbvaltb impose the PFC.
|109|Elsewhere in this document 14 CFR Part 158 may be referred to in abbreviated form as "Section 158.xx" or "§ 158.xx".|109|The projects included in this decision are as follows: Rehabilitation of the apron at GYY, and master plan update at GYY.|109|Pursuant to Title 14 CFR §158.3: "charge effective date" means the date on which air carriers are obliged to begin collection of a PFC; "charge expiration date" means the date on which air carriers are to cease collecting a PFC.
|1010|
Duration of Authority
The City is authorized to impose a PFC at ORD until the date on which the total net PFC revenue collected plus interest thereon equals the allowable cost of the approved projects or the charge expiration date is reached, whichever comes first. Based on information submitted by the City, the FAA estimates the charge expiration date for this decision is January 1, 2039. Should the amount of PFC revenue collected for this application ever exceed the allowable costs for all approved projects in this application, the public agency's authority to impose a PFC for this application ceases.4 If the public agency's authority to impose a PFC ceases, the public agency must, without delay, submit a plan acceptable to the FAA to insure that it complies with applicable law, subject to loss of Airport Improvement Program (AIP) grant funds. Section 158.39(d).
CUMULATIVE PFC AUTHORITY DECISION SUMMARY TABLE (including current decision)
Application Approved for Approved
Number Collection for Use
93-01-C-00-ORD $ 500,418,285 $ 203,169,288
93-01-C-01-ORD $ 3,043,976 $|9 10|93-01-C-02-ORD $ 4,070,943 $ 4,070,943
93-01-C-03-ORD $ 2,310,816 $|9 10|93-01-C-04-ORD ($ 49,381,374) ($ 49,381,374)
93-01-C-05-ORD $ 2,228,896 $|9 10|93-01-C-06-ORD $ 33,289,404 $ 52,607,489
93-01-C-07-ORD $ 7,211,803 $|9 10|93-01-C-08-ORD $ 12,397,557 $|9 10|93-01-C-09-ORD $ 6,455,531 $ 5,228,339
93-01-C-10-ORD ($ 4,774,097) ($ 4,774,097)
93-01-C-11-ORD $ 612,594,021 $|9 10|93-01-C-12-ORD ($ 115,037,047) $ 23,053,275
93-01-C-13-ORD $ 214,109,256 $ 109,210,915
93-01-C-14-ORD ($ 80,400,000) $|9 10|01-C-15-ORD $ 9,947,249 $ 8,367,249
02-U-00-ORD $|9 9|$ 59,572,172
94-02-U-01-ORD $|9 9|$ 2,228,896
94-02-U-02-ORD $|9 9|$ 7,072,870
94-02-U-03-ORD $|9 9|($ 2,572,624)
4 See Title 14 CFR § 158.63(a) (The public agency must provide quarterly reports to air carriers collecting PFCs for the public agency with a copy to the appropriate FAA Airports Office.), § 158.67(c) (The public agency shall annually provide for an audit of its PFC account.), and § 158.39(a) (If excess PFC revenue has been collected, the public agency must use the excess funds for approved PFC projects or to retire outstanding PFC - financed bonds.).
95-03-C-00-ORD 95-03-C-01-ORD 95-03-C-02-ORD 95-03-C-03-ORD 95-03-C-04-ORD 95-03-C-05-ORD
03-C-06-ORD
04-C-00-ORD 96-04-C-01-ORD 96-04-C-02-ORD
96-05-C-00-ORD 96-05-C-01-ORD 96-05-C-02-ORD 96-05-C-03-ORD 96-05-C-04-ORD 96-05-C-05-ORD 96-05-C-06-ORD 96-05-C-07-ORD 96-05-C-08-ORD
05-C-09-ORD
06-C-00-ORD
06-C-01-ORD
07-C-00-ORD 98-07-C-01-ORD 98-07-C-02-ORD
98-08-C-00-ORD 98-08-C-01-ORD
98-09-C-00-ORD 98-09-C-01-ORD
98-10-U-00-ORD
10-U-01-ORD
11-C-00-ORD 99-11-C-01 -ORD
01-12-C-00-ORD 01-12-C-01-ORD 01-12-C-02-ORD 01-12-C-03-ORD 01-12-C-04-ORD 01-12-C-05-ORD 01-12-C-06-ORD 01-12-C-07-ORD
$ 21,343,524
$|9 10|$|9 10|$|9 10|($ 1,343,524)
$|9 10|$|9 10|
$ 1,450,000
($ 346,500)
($ 1,103,500)
$ 386,444,323
$ 26,474,108
$ 10,774,097
$ 33,191,669 $ 0
($ 5,288,448)
$ 16,118,381 $ 0 $ 0
$ 20,426,238
$ 1,470,500
($ 1,470,500)
$ 61,717,809
($ 8,814,528)
$ 1,922,127
$ 546,526,300
($ 546,526,300)
$ 1,540,000
($ 1,540,000)
$|9 10|$|9 10|
$ 1,500,000
($ 1,500,000)
$1,486,284,358
$ 108,543,432
($ 279,500,000)
$ 25,000,000
$ 100,251,514
$ 8,432,793
($ 366,700,000)
$ 222,300,000
$ 48,078,691
$ 7,211,803
$ 218,210,000
($ 153,928,673)
($ 21,343,524)
$ 23,020,309
$ 11,700,000
$ 1,450,000
($ 346,500)
($ 1,103,500)
$ 588,747,375
$ 27,701,300
$ 10,774,097
$ 427,575,690
$ 18,410,975
($ 5,288,448)
$ 97,996,413
($ 80,400,000)
($ 10,120,000)
$ 20,426,238
$ 1,470,500
($ 1,470,500)
$ 61,717,809
($ 8,814,528)
$ 1,922,127
$ 209,956,300
($ 209,956,300)
$ 1,540,000
($ 1,540,000)
$ 88,370,000
($ 88,370,000)
$ 1,500,000
($ 1,500,000)
$ 787,084,358
$ 108,543,432
$|9 10|$ 25,000,000
$ 100,251,514
$ 17,432,793
$|9 10|$ 222,300,000
02-13-U-00-ORD $|9 9|$ 53,000,000
02-13-U-01-ORD $|9 9|($ 9,000,000)
02-14-C-00-ORD $ 2,565,000 $ 2,565,000
14-C-01-ORD ($ 2,565,000) ($ 2,565,000)
15-C-00-ORD $ 11,625,000 $ 11,625,000
16-C-OO-ORD $ 37,000,000 $ 37,000,000
06-17-C-00-ORD $ 73,198,000 $ 73,198,000
06-18-C-00-ORD $ 8,200,000 $ 8,200,000
06-18-C-01-ORD ($ 8,200,000) ($ 8,200,000)
06-19-C-00-ORD $1,290,509,174 $1,290,509,174
19-C-00-ORD $ 132,971,654 $ 132,971,654
20-C-OO-ORD $ 53,983,000 $ 53,983,000
20-C-01-ORD* ($ 53,983,000) ($ 53,983,000)
21-C-00-ORD $ 235,690,213 $ 235,690,213
22-C-00-ORD $ 247,195,313 $ 247,195,313
23-C-00-ORD $ 1,400,818,394 $ 1,400,818,394
24-C-00-ORD $ 4,635,392 $ 4,635,392
25-C-00-ORD $ 90,787,103 $ 90,787,103
26-C-00-ORD $ 2,484,000 $ 2,484,000
15-28-C-00-ORD $ 11,125,000 $ 11,125,000
Totals $6,627,190,989 $ 6,627,190,989
Project Approval Determinations
For each project approved in this FAD and for the application as a whole, the FAA, based on its expertise with the PFC program and airport development, exercises its judgment, and based upon its expertise finds that the application and record thereof, contain substantial documentation to support its determinations. Based on its review and pursuant to 49 U.S.C. §40117, the FAA finds that:
The amount and duration of the PFC will not result in revenue that exceeds the amount necessary to finance the specific project.
|1010|Each project approved at a $3 or lower level meets at least one of the objectives set forth in 14 CFR §158.15(a) (as set forth in the individual project determinations); is eligible in accordance with §158.15(b) (as set forth in the individual project determinations); and is adequately justified in accordance with §158.15(c) and paragraph 4-8 of FAA Order 5500.1, Passenger Facility Charge (August 9, 2001) (as set forth in the individual project determinations).
Each project approved for collection at a PFC level above $3, meets the requirements of 14 CFR §158.17(a) (2). The FAA has reviewed the City's funding proposals for each project. For each project, the FAA has determined that the Airport Improvement Program (AIP) funds are not expected to be available to fund the project in whole or in part.
The collection process, including a request by the public agency not to require a class or classes of carrier to collect PFC, is reasonable, not arbitrary, nondiscriminatory, and otherwise in compliance with the law.
The public agency has not been found to be in violation of §9304(e) or §9307 of the Airport Noise and Capacity Act (ANCA) of 1990 (since codified at 49 U.S.C. 47524 and 47526).
The project-related requirements, concerning approval of the airport layout plan (ALP) and completion of airspace studies have been met.
Environmental requirements (14 CFR §158.29(b) (1) (iv)) have been completed and are discussed under a separate heading below.
Projects Approved for Authority to Impose the PFC at ORD and use the PFC at GYY at a $4.50 Level
Approved
Description: Amount Gary/Chicago Apron Rehabilitation
Pay-as-you-go5 $ 10,125,000
Bond Capital6 $ 0
Bond Financing & Interest7 $|9 10|Total $ 10,125,000
This project consists ofthe rehabilitation of approximately 63,400 square yards of apron pavement. The project is divided into several phases in order to maintain operational access to various, areas of the airfield.
|109|"Pay-as-you-go" refers to a method of financing a project where a public agency pays any outstanding project invoices as soon as PFC collections revenue permits.|109|"Bond capital" refers to the proceeds of a bond or other debt instrument used to pay the capital costs of a project.
"Financing and Interest" means the cost of financing a bond or other debt instrument, including debt service.
|1010|Phase I (General Aviation (GA) Ramp in front of new Fixed Base Operator (FBO)) includes new apron reconstruction consisting of 3,600 sys of 14 inch Portland Cement Concrete (PCC) Pavement and 6,100 sys of 10 inch PCC Pavement.
Phase II (Terminal Ramp East) includes new apron reconstruction consisting of 12,000 sys of 12 inch PCC Pavement.
Phase III (Terminal Ramp West) includes new apron reconstruction consisting of 15,000 sys of 14 inch PCC Pavement.
Phase IV (GA Ramp East) includes new apron reconstruction consisting of 26,700 sys of 10 inch PCC Pavement.
This project includes the construction costs and construction administration professional fees. The design was completed utilizing local Tax Incremental Financing (TIF) funds and is not expected to be reimbursed with PFC funds.
Determinations:
Approved for collection and use.
Significant contribution: Because the funds are to be used for a project at Gary/Chicago International Airport, a non-hub airport, the significant contribution rule does not apply.
PFC Objective: This project will result in airfield safety by replacing apron pavement that is in poor or very poor condition. Thus, the project meets the PFC objective of preserving safety at the airport.
Basis for eligibility: Development that is eligible under AIP criteria (Table l-3-d of Order 5100.38D, Apron Project Requirements) pursuant to 49 U.S.C. 47101 et seq.
Adequate justification: This project will provide needed rehabilitation of apron pavement that has exceeded its useful life and is in poor to very poor condition. The FAA has examined the proposed costs associated with this project and determined that the proposed costs are reasonable.
Estimated total project cost: $10,125,000.
Proposed sources of financing: PFC revenue $10,125,000 - the amount requested by the City.
Description: Amount
Gary/Chicago Master Plan Update
Pay-as-you-go $ 1,000,000
Bond Capital $ 0
Bond Financing & Interest §|9 10|Total $ 1,000,000
|1010|This project consists of updating the Gary/Chicago International Airport's Master Plan including the Airport Layout Plan. A new Airport Layout Plan will serve as a planning tool for the airport depicting existing facilities and future facilities, designed to accommodate future demand.
The Master Plan update will include a review of the Airport's inventory, an aviation demand forecast (including commercial and air cargo industries), facility requirements analysis, and development alternatives to meet future demand and upgrade airfield facilities.
Determinations:
Approved for collection and use.
Significant contribution: Because the funds are to be used for a project at Gary/Chicago International Airport, a non-hub airport, the significant contribution rule does not apply.
PFC Objective: This project will result in an updated master plan and ALP to guide development of and investment in the airport. Thus, the project meets the PFC objectives of preserving and enhancing capacity and safety of the national airspace system.
Basis for eligibility: Development that is eligible under AIP criteria (Table l-3-d of Order 5100.38D, Apron Project Requirements) pursuant to 49 U.S.C. 47101 et seq.
Adequate justification: This project will result in an updated master plan and ALP that will inventory facilities, forecast aviation demand, and provide development alternatives for the airport. The FAA has examined the proposed costs associated with this project and determined that the proposed costs are reasonable.
Estimated total project cost: $1,000,000.
Proposed sources of financing: PFC revenue $1,000,000 - the amount requested by the City.
Environmental Requirements
The GYY apron rehabilitation was analyzed and approved in a Categorical Exclusion issued on April 25, 2013, thus allowing the application to seek concurrent authority to impose and use the PFCs. The Categorical Exclusion was prepared pursuant to the National Environmental Policy Act (NEPA), Council on Environmental Quality guidelines implementing NEPA and FAA Orders 1050.1.E and 5050.4B.
All applicable requirements pertaining to ALP approval, airspace and NEPA have been met.
Request Not to Require a Class or Classes of Carriers to Collect PFCs
|1010|The City requests that the following class of air carriers be excluded from the requirement to collect PFCs: Air taxi.
Determination: Approved pursuant to 14 CFR §158.11. Based on information contained in the City's application, the FAA has determined that the proposed class accounts for less than 1 percent of ORD's total annual enplanements. The City should confirm, on an annual basis using prior year enplanement data, that the approved class does not exceed 1 percent of the total enplanements at ORD. Upon completion ofthe annual review, should the approved class (Air taxi) no longer meet the requirement for exclusion; the City must initiate collection of PFCs from this class of carriers.
Compliance with the Airport Noise and Capacity Act of 1990 (ANCA)
The FAA is not aware of any proposal at GYY which would be found to be in violation of the ANCA. The FAA herein provides notice to the City and to the Gary/Chicago Airport Authority that a restriction on the operation of aircraft at GYY must comply with all applicable provisions of the ANCA and that failure to comply with the ANCA and Part 161 makes the City subject to provisions of Subpart F of that Part. Subpart F, "Failure to Comply With This Part," describes the procedures to terminate eligibility for AIP funds and authority to collect PFC revenues.
Compliance with Subsection 47107(b) Governing Use of Airport Revenue
As ofthe date of this approval the City of Chicago, Department of Aviation has not been found to be in violation of 49 U.S.C. §47107(b) or in violation of grant assurances made under 49 U.S.C. §47107(b).
Compliance with Requirement to Submit a Competition Plan
As ofthe date of this approval, the City of Chicago Department of Aviation has complied with the requirement to submit a competition plan in accordance with §158.29(a)(1)(viii). Furthermore, by letter dated June 2, 2004, the FAA has determined that the plan is in accordance with 49 U.S.C. §47106(f).
Air Carrier Consultation and City's Public Notice
American Airlines and United Continental Holdings, and Alaska Airlines certified agreement with the proposed projects before or following the June 16, 2015 air carrier consultation meeting.
LOT Polish Airlines provided comments and disagreement with the proposed project funding following the June 16, 2015 air carrier consultation meeting. Their objection was based on the proposal to collect PFC revenue for the projects located at Gary/Chicago only from enplanements at O'Hare, rather than also collecting the PFC revenues at Chicago Midway International Airport (MDW) and GYY. It is noted that neither the governing compact between the City of Chicago and the Gary/Chicago Airport Authority nor 14 CFR §158.13 prohibits the|10 10|collection of PFC revenues at a single airport for use at another airport under common control, as in the case of the compact.
No comments from the public were received from the City's public notice issued on June 17, 2015.
Legal Authority
This decision is made under the authority of 49 U.S.C. §40117, as amended. This decision constitutes a final order to approve, in whole or in part, the City of Chicago Department of Aviation's application to impose a PFC and use PFC revenue on three projects at ORD. A person disclosing a substantial interest may apply for review of this decision to the courts of appeals for the United States or the United States Court of Appeals for the District of Columbia upon petition, pursuant to 49 U.S.C. §46110, filed within 60 days after issuance of this decision. f~Concur
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Date
Chicago Airports District Office Manager