ARC 8338C

ARC 8338C

Proposing rulemaking related to aeronautics programs
administration and providing an opportunity for public comment

This rulemaking proposes to repromulgate Chapter 700 in compliance with Executive Order 10. Proposed Chapter 700 establishes the procedures for a governmental subdivision to apply for and use state or federal funds for the improvement of airports, air service, and air navigation facilities. The chapter implements Iowa Code chapters 328, 330, and 330A and section 8.57(5). The chapter name is changed from Aeronautics Administration to Aeronautics Programs Administration. The following chapters are being rescinded and their content combined into this repromulgated chapter:

●Chapter 700 (Aeronautics Administration);

●Chapter 710 (Airport Improvement Program);

●Chapter 715 (Air Service Development Program);

●Chapter 716 (Commercial Service Vertical Infrastructure Program); and

●Chapter 717 (General Aviation Vertical Infrastructure Program).

The consolidation of five chapters into one simplifies and significantly reduces the size of the Iowa Administrative Code, while creating consistencies and a better understanding of aviation program administration.

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 24, 2024

The Department received no comments.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing impairments, should contact Tracy George and advise of specific needs.

ITEM 1.Rescind 761—Chapter 700 and adopt the following new chapter in lieu thereof:

CHAPTER 700

AERONAUTICS PROGRAMS ADMINISTRATION

761—700.1(328,330,330A) Purpose. These rules establish the procedures for a governmental subdivision to apply for state or federal funds for the improvement of airports, air service, and air navigation facilities.

761—700.2(328,330,330A) Definitions. The definitions in Iowa Code sections 328.1, 330.1, and 330A.2 apply to this chapter. In addition:

“FAA” means the Federal Aviation Administration.

“Sponsor” means the person or governmental subdivision that has the authority for improving, maintaining and operating an aviation facility.

“Vertical infrastructure” means the same as defined in Iowa Code section 8.57(5).

761—700.3(328,330,330A) Information and forms. Program information, forms, and application and submission instructions are available on the department’s website at www.iowadot.gov/aviation. Requests for such materials or assistance may also be made by calling the modal transportation bureau at 515.239.1048. The mailing address is: Modal Transportation Bureau, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

761—700.4(330) Federal airport improvement program.

700.4(1) Federal preapplications. Federal preapplications are submitted to the department.

700.4(2) Applicant eligibility. A governmental subdivision owning a public airport that is listed in the FAA’s National Plan of Integrated Airport Systems (NPIAS) is eligible to apply for federal funds. The NPIAS published report is available at the FAA website: www.faa.gov/airports. An airport that receives federal primary commercial service entitlement funds is not required to submit preapplications.

700.4(3) Project eligibility. Projects are to meet the FAA eligibility guidelines for federal airport improvement projects. Federal airport improvement program guidelines are available at the FAA website: www.faa.gov/airports.

700.4(4) Preapplication.

a.The department will distribute preapplication instructions and forms annually to each eligible applicant.

b.The completed preapplication for federal airport improvement funds are submitted to the department according to the method and time frame specified in the annual application instructions.

700.4(5) Project prioritization.

a.The department will review each completed preapplication for project eligibility and consistency with the state aviation system plan. The department will prioritize projects based on the goals and objectives in the state aviation system plan.

b.The commission is responsible for approving the prioritization of the preapplications.

c.The department will submit the preapplications with priorities identified to the FAA, and the FAA will contact the applicant directly concerning all subsequent action on the preapplication.

761—700.5(328) State airport improvement program.

700.5(1) Applicant eligibility.

a.A governmental subdivision owning or establishing a public airport is eligible to apply to the department for state airport improvement funds.

b.Participation in air service development projects is limited to airports currently receiving scheduled airline or commuter air service options and are designated as commercial service airports in the Iowa aviation system plan. An airport that loses air service completely may remain eligible for participation in the two following and consecutive annual application cycles if 100 percent of the grant amounts are used according to conditions of the air service grant and solely toward efforts to reestablish air service for that affected airport.

700.5(2) Eligible project activities.

a.Statewide projects administered by the department include but are not limited to planning studies, aviation weather systems, airport markings, immediate safety enhancements, wildlife mitigations, windsocks, education, and outreach.

b.Airport projects may include but are not limited to runway, taxiway, and apron surfaces; lighting and navigational aids; obstruction removal; grading, drainage, and surfacing airfield surfaces and protection areas; signage, security access control and lighting; planning; and other airport enhancements. A project that involves airfield infrastructure is to comply with the airport master plan or airport layout plan as adopted by the governmental subdivision.

c.Air service development activities eligible for reimbursement include but are not limited to marketing, entry support, data collection, and items defined on the annual application.

700.5(3) Funding. The department establishes the maximum percentage of state share for eligible projects and may annually set a maximum dollar amount per award. Funding criteria are included in application instructions provided to airport sponsors.

700.5(4) Application for funding.

a.The department will make available the application instructions and forms to each public airport in Iowa. Applications are to be submitted to the department by the due date specified in the instructions.

b.Immediate safety enhancement project applications may be submitted at any time during the year to the department according to instructions that are part of the application form.

700.5(5) Review and approval. The department will review each completed application and evaluate the impact of the project on the aviation system considering the following factors: state system plan airport roles, goals and objectives; justification provided; ability to enhance aeronautical activity for the airport and system; local participation; and multijurisdictional support of the airport. The department will recommend projects to the commission for approval.

761—700.6(328) Commercial service vertical infrastructure program.

700.6(1) Purpose. The purpose of the commercial service vertical infrastructure program is to provide funding for vertical infrastructure improvements at Iowa’s commercial service airports.

700.6(2) Applicant eligibility. Airports currently receiving scheduled airline or commuter air service and designated as commercial service airports in the Iowa aviation system plan are eligible to apply to the department for funding. An airport that loses air service completely may remain eligible for participation in the two following and consecutive annual application cycles if the airport is actively seeking reestablishment of air service.

700.6(3) Eligible project activities. Facilities eligible for reimbursement include but are not limited to terminal building, hangar, fuel facility, and maintenance facility construction or renovation. Activities may include associated design, land acquisition, grading and foundation work.

700.6(4) Funding. Unless otherwise appropriated, funds are distributed to commercial service airports using a 50/40/10 formula. Fifty percent of funds are allocated equally between each airport, forty percent are allocated based on the percentage of enplaned passengers at each airport versus the total number of enplaned passengers in the state, and ten percent are allocated based on the percentage of the air cargo tonnage at each airport versus the total tonnage in the state.

700.6(5) Application for funding. The department will make available application instructions and forms to eligible airports. Applications are to be submitted to the department by the due date specified in the instructions.

700.6(6) Review and approval. The department will review each completed application for eligibility and recommend projects and funding levels to the commission for approval.

761—700.7(328) General aviation vertical infrastructure program.

700.7(1) Purpose. The purpose of the general aviation vertical infrastructure program is to provide funding for vertical infrastructure improvements at Iowa’s general aviation airports.

700.7(2) Applicant eligibility. A governmental subdivision owning or establishing a public airport is eligible to apply to the department for funding.

700.7(3) Eligible project activities. Facilities eligible for reimbursement include but are not limited to terminal building, hangar, fuel facility, and maintenance facility construction or renovation. Activities may include associated design, land acquisition, grading and foundation work.

700.7(4) Funding. The department establishes the maximum percentage of state share for eligible projects and may annually set a maximum dollar amount per award. Funding criteria are included in application instructions provided to airport sponsors.

700.7(5) Application for funding. The department will make available application instructions and forms to eligible airports. Applications are to be submitted to the department by the due date specified in the instructions.

700.7(6) Review and approval. The department will review each completed application and evaluate the impact of the project on the aviation system considering the following factors: state system plan airport roles, goals and objectives; justification provided; ability to enhance aeronautical activity for the airport and system; local participation; and multijurisdictional support of the airport. The department will recommend projects to the commission for approval.

761—700.8(328,330,330A) Project administration. After a project has been approved by the commission, the department will offer the award in an agreement that specifies responsibilities of the sponsor. The agreement is to specify the amount of state funds, the contract period, and the responsibilities for project planning, development, payment process, and reporting. The department may inspect the project for compliance with the agreement and may audit all project costs incurred. Payments to the airport sponsor for eligible project costs are made on a cost reimbursement basis. Project-related engineering fees are an eligible expense and are reimbursed in compliance with the agreement.

These rules are intended to implement Iowa Code section 8.57(5) and chapters 328, 330 and 330A.

ITEM 2.Rescind and reserve 761—Chapter 710.

ITEM 3.Rescind and reserve 761—Chapter 715.

ITEM 4.Rescind and reserve 761—Chapter 716.

ITEM 5.Rescind and reserve 761—Chapter 717.