DRAFT APPLICATION Passenger Facility Charge Application and Amendment Newark Liberty International Airport John F. Kennedy International Airport LaGuardia Airport Stewart International Airport Prepared for: Federal Aviation Administration Prepared by: The Port Authority of New York and New Jersey October 2011 NY&NJ Suson M. Boer October 28,2011 Director To: Air Carriers and Foreign Air Carriers Serving: LaGuardia Airport (LGA), John F. Kennedy International Airport (JFK), Newark Liberty International Airport (EWR), and Stewart International Airport (SWF) Subject: Draft Application for Authority to Impose and Use Passenger Facility Charge Revenue for: Airport Capital Improvement Projects for Various Airside and Landside Development at LGA, JFK, and EWR Enclosed for your review is the draft application to the Federal Aviation Administration (FAA) for authority to impose and use Passenger Facility Charge (PFC) revenue at JFK, EWR, LGA, and SWF for various airside and landside development proj ects at JFK, EWR and LGA. The Port Authority of New York and New Jersey (Port Authority) will be conducting consultation meetings with air carriers and foreign air carriers prior to submitting this application. The airline consultation meeting will address the following projects, which will be the subject of a PFC application for the first time: • LGA Runway 4 and Runway 31 Runway Safety Area (RSA) Planning, Environmental and Engineering (CA02-417) • LGA Runway 4 and Runway 31 RSA Construction (CA02-41 7) • JFK Rehabilitation of Runway 4L-22R (CA03-168) • JFK Taxiway P Rehabilitation Planning and Engineering (CA03-172) • JFK Terminal 3 Redevelopment & Capacity Improvements Project (CA03-591) • EWR Delay Reduction Phase II -Planning and Engineering (CA04-569) • EWR Delay Reduction Phase II - Construction (CA04-580/581) • EWR Runway 4R-22L Rehabilitation (CA04-454) • EWR Taxiway P Rehabilitation including High-Speed Taxiway (CA04-525/522) • EWR Runway 4L-22R Rehabilitation (CA04-455) • EWR Runway 11 RSA & Relocation of Brewster Road (CA04-512) • EWR Electrical Distribution and Substation Improvements (CA04-528, -579, -539) • PFC Application Administration and Amendments The total estimated PFC revenue is approximately $822,500,000. 225 Pork Avenue South New York, NY 70003 T 272 435 3720 F 272 435 3833 sboer@ponyn/gov & The estimated PFC revenue for this amendment is approximately $28,000,000. There will be two identical airline consultation meetings describing the PFC proj ects. The consultation meetings are scheduled as follows: EWR: November 29,2011 at 1:00 pm Newark Liberty International Airport General Manager's Conference Room, Building 1 Newark, New Jersey LGA/JFK: December 14,2011 at 11 :00 am Building 14, 3rd Floor Conference Room E John F. Kennedy International Airport Jamaica, New York The Port Authority is requesting an exemption for the requirement to collect PFCs for the following airline classifications: LGA: Non-Scheduled/On-Demand Air Carriers (ATCO) JFK: Non-Scheduled/On-Demand Air Carriers (ATCO) EWR: Non-Scheduled/On-Demand Air Carriers (ATCO) SWF: Non-Scheduled/On-Demand Air Carriers (ATCO) The individual airlines included in these classifications collectively represent less than one percent of the total passenger enplanements for each respective airport. The individual exempt airlines are identified in Exhibit "A". The Port Authority will be submitting an application to the FAA for authority to "Impose and Use" and "Impose Only" a PFC at LGA, JFK, EWR, and SWF. The charge effective date is June 2012 and the charge expiration date is the fourth Quarter 2016. A breakdown of the anticipated PFC Revenue is included in Exhibit "B". Each project in this application is included in its respective Airport's Capital Improvement Plan (ACIP), included as Exhibit "C". Since this draft application contains both "Impose and Use" and "Impose Only" projects, the Port Authority has also included a list of alternative use projects, in the event that any or all of the "Impose Only" projects contained in the application are ultimately not implemented. This list is included as Exhibit "D". 2 &NJ The airlines are reminded that FAR 158.23c requires that carriers provide written acknowledgement of receipt of this notice within 30 days of issuance. Furthermore, carriers have 30 days from the meeting date to provide written certification of agreement or disagreement with the proposed projects contained in the draft application. Carriers failing to provide timely acknowledgement of the notice or timely certification of agreement or disagreement with the proposed project are considered to have certified their agreement. For purposes of official correspondence and notification, please send all correspondence to: Ms. Patty Clark Senior Advisor for Aviation Policy 225 Park Avenue South, 9th Floor New York, NY 10003 [email protected] Please submit any comments to the Port Authority no later than January 17, 2012, using either the following email address or physical address: [email protected] Ms. Patty Clark Senior Advisor for Aviation Policy 225 Park Avenue South, 9th Floor New York, NY 10003 The draft PFC Application is provided in Exhibit "E" for each airline's review and comment. The projects described in the application are tailored to enhance the operational capabilities of each airport while resolving potential capacity issues. Further detail on these projects will be provided at each airport's PFC consultation meeting. Airlines are encouraged to attend the meeting to discuss pertinent issues with related to each project at that time. Thank you for your attention. Sincerely, M. Baer Director Aviation Department 3 Passenger Facility Charge Application                Exhibit A    PFC Exempted Airlines  EWR, JFK, LGA and SWF Airports                                                      Attachment A – PFC Exempted Airlines Passenger Facility Charge Application Exhibit “A” Airlines Exempt from Passenger Facility Charge Collection The Port Authority is requesting that certain airlines be exempt from the requirements to collect PFCs. These airlines are included in the distinct operational category known as, “Non-Scheduled / On-Demand Carriers” (ATCO). The airlines in this category represent a very small portion of the total passenger enplanements for each airport. It is believed that the minimal PFC revenues to be collected from these carriers do not justify the administrative burden that would be imposed on the carriers and the airport in collection and accounting for the revenues. The Air Carrier Activity Information System (ACAIS) provides total enplanements for each carrier operating at EWR, JFK, LGA, and SWF. This list has been updated using ACAIS 2010. The carriers included in this class described above represent passenger enplanements of less than 1% of the total passenger enplanements for each airport, and are shown in the following tables: EWR Annual LGA Annual JFK Annual Air Carriers Enplanements Air Carriers Enplanements Air Carriers Enplanements Aero Jet Services Aero Jet Services LLC 2 Aero Jet Services 1 1 LLC LLC Fairwind Air Charter Fairwind Air Charter (formerly Executive Air 1 Air Lexington, Inc. 8 (formerly Executive 37 Charter of Boca Raton) AirDialog LLC 7 Air Charter of Boca Jet Solutions LLC 70 Raton) Averitt Air, Inc. 2 L J Associates, Inc. 110 Jet Solutions LLC 36 Blue Bell Air LLC 10 Meridian Air Group, Meridian Air Group, Inc. 1 Crow Executive Air, 4 8 Inc. Priester Aviation, LLC 5 Inc. Priester Aviation, LLC 8 Fairwind Air Charter Reliant Air Charter, Inc. 5 Reliant Air Charter, (formerly Executive 1 Seneca Flight 2 Inc. 1 Air Charter of Boca Operations Seneca Flight Raton) Operations 2 USAirports Air Charters 4 Jet Solutions LLC 52 Total Enplanements 89 Total Enplanements 199 Maine Instrument Percent of Total Percent of Total Airport Flight 5 Enplanements 0.0016% Airport Enplanements 0.0005% Priester Aviation, LLC 10 Reliant Air Charter, 10 Inc. Seneca Flight 6 Operations Wall Street 11 Helicopters Wellsville Flying 3 Service, Inc. Total Enplanements 135 Percent of Total Airport Enplanements 0.0005% EWR, JFK, LGA, and SWF Airports Exhibit A –Airlines Exempt from Passenger Facility Charge Collection Passenger Facility Charge Application SWF Annual Air Carriers Enplanements Aero Jet Services LLC 2 AMAV, Inc. 9 DAE Aviation 26 Enterprises Corp Fairwind Air Charter (Executive Air Charter 3 of Boca Raton) Jet Solutions LLC 2 Reliant Air Charter, 1 Inc. Seneca Flight 3 Operations Total Enplanements 46 Percent of Total Airport Enplanements 0.02% EWR, JFK, LGA, and SWF Airports Exhibit A –Airlines Exempt from Passenger Facility Charge Collection