Airport Improvement Program (AIP) Use of Mineral Revenue at Certain Airports

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On February 14, 2012, the FAA Modernization and Reform Act of 2012 (FMRA) was signed into law (Pub. L. 112-95). Section 813 permits the Administrator of the Federal Aviation Administration (FAA) to declare certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport to be revenue greater than the amount needed to carry out the five-year projected maintenance needs of the airport in order to comply with the applicable design and safety standards of the Administration. Although the FMRA directed the FAA to promulgate regulations to carry out Section 813 not later than 90 days after the date of enactment, the authorizing committees agreed to support the FAA's request to issue guidance in lieu of a formal rulemaking due to the time limits imposed by the statute. This notice contains the FAA's proposed guidance developed to carry out Section 813 and offers the public an opportunity to comment.