The FAA today published a Notice of Modification of Airport Improvement Program Grant Assurances which amends certain Airport Improvement Program (“AIP”) grant assurances to conform with the recently passed FAA Modernization and Reform Act of 2012. The amended grant assurances include the following:
- Grant Assurance 5. Preserving Rights and Powers (relating to “through-the-fence” arrangements)
- Grant Assurance 15. Veteran’s Preference (granting preferences to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans
- Grant Assurance 25. Airport Revenues (relating to use of airport revenue for airport operations)
- Grant Assurance 29. Airport Layout Plan (requiring plan and submission to DOT for review if alterations are made)
- Grant Assurance 31. Disposal of Land (dictating disposal of unused land for fair market value and DOT involvement in determining use of funds received)
The modifications to the AIP grant assurances are effective today, April 13, 2012. However, the FAA will consider comments on the modifications to the grant assurances if they are received on or before May 14, 2012. If the FAA makes any changes to the modifications based upon the comments it receives, those changes will be adopted as of the date of a subsequent publication in the Federal Register.
