Competition Plans, Passenger Facility Charges

Forms and Documents

Document Name	Status
20200901 v6 2120_0661 Supporting Statement.docx Supporting Statement A	2020-09-01
2120-0661 Instructions (USCs).docx Supplementary Document	2020-08-27
2120-0661 Privacy Assesment.docx Supplementary Document	2020-08-27
14 CFR Part 158.doc Supplementary Document	2013-09-30

IC Document Collections

IC ID	Document Title	Status
25809	Competition Plans, Passenger Facility Charges Instruction	Modified

ICR Details

OMB Control No: 2120-0661	ICR Reference No: 202008-2120-006
Status: Received in OIRA	Previous ICR Reference No: 201709-2120-004
Agency/Subagency: DOT/FAA	Agency Tracking No:
Title: Competition Plans, Passenger Facility Charges
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/04/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	5	7
Time Burden (Hours)	750	1,050
Cost Burden (Dollars)	0	0

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Abstract: The collection of this information is required from one group of entities – the approximately 60 public agencies that control covered airports. The agencies are required to submit this information to obtain the benefit of receiving AIP grants and being approved to collect PFC revenue. In particular, §§40117(k) and 47106(f) specify that no PFC may be approved for a covered airport and no AIP grant may be made for a covered airport unless the airport has submitted a written competition plan in accordance with the statute. This collection asks the public agencies to report on the availability of airport gates and related facilities, leasing and sub-leasing arrangements, gate-use requirements, gate-assignment policy, financial constraints, airport controls over air- and ground-side capacity, and whether the airport intends to build or acquire gates that would be used as common facilities. The DOT/FAA uses information submitted in response to this requirement to carry out the intent of §§ 40117(k) and 47106(f), which is to assure that a covered airport has, and implements, a plan to provide opportunities for competitive access by new entrant air carriers or air carriers seeking to expand. The information allows FAA to assess the competitive environment at airports and provide feedback to the airport on suggested improvements. Airports are interested in this analysis as the FAA occasionally receives requests from airports to review competition plans outside of the required window in order to receive updated analysis on their competitive environments. Once an airport qualifies as covered the collection frequency is as follows: it is required to send its initial competition plan as soon as possible. Upon approval by the FAA of the initial competition plan, the public agency must submit two (2) competition plan updates, in 18-month intervals, while it remains a covered airport. Once an airport has submitted, and the FAA has approved, its initial competition plan and the subsequent two (2) updates, a competition plan is only required if the airport (1) has filed a competitive access report as required by Section 424 of Vision 100, codified as 49 U.S.C. § 47107(s) stating it has denied access to an air carrier for gates or facilities within the last six months; or (2) is executing a new master lease and use agreement, or significantly amending a lease and use agreement, including an amendment due to use of PFC financing of gates. If an airport loses its status as a covered airport, no further competition plan updates are required unless or until the airport becomes covered again. This information is received by FAA and not disseminated further. However, the FAA encourages public agencies to post their submission on their website for public viewing.

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Authorizing Statute(s): US Code: 49 USC 40117 Name of Law: Passenger facility fees
   US Code: 49 USC 47106 Name of Law: Project grant application approval conditioned on satisfaction of project requirements
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 22244	04/21/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 76652	11/30/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Competition Plans, Passenger Facility Charges

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5	7	0	0	-2	0
Annual Time Burden (Hours)	750	1,050	0	0	-300	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: In the previous submission the FAA estimated number of Competition Plans and Competition Plan updates reviewed each year at seven. The current request reduces the number of Competition Plan updates reviewed each year to five. Since most covered airports have completed the required initial plan and two updates, the FAA is only anticipating receiving periodic updates when triggers are met. The recordkeeping time estimates remained the same. Wage estimates were updated to reflect current market rates.

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Annual Cost to Federal Government: $15,749

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/04/2020

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