Wendell Ford: “Neither the PFC enabling legislation nor the implementing Federal Air Regulations--FAR 158--contain any requirements…”

“Neither the PFC enabling legislation nor the implementing Federal Air Regulations--FAR 158--contain any requirements concerning the contract or the notice to proceed. They mention only costs incurred after November 5, 1990. This would also be consistent with the way the FAA has understood and uniformly treated AIP allowability in thousands of cases since 1982. When the work is actually done--when the cost is actually incurred--is the determining factor. As an example, if an airport let a contract to pour 1,000 yards of concrete and 10 years were poured before the AIP grant was confirmed, then the cost of the first 10 yards of concrete would be disallowed, but the cost of the remaining 990 yards would be allowed. Congress enacted the PFC program to supplement AIP and to provide additional funding for airport operators in order to achieve, as quickly as reasonably possible, significant expansion and improvement of the National Airspace System. Congress expected the FAA to follow AIP principles and practices in administering the PFC program so that the PFC program would supplement and complement AIP.”