[Federal Register: October 21, 2008 (Volume 73, Number 204)]
[Notices]
[Page 62583-62584]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc08-125]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No.: 2006-25867]
Airport Privatization Pilot Program
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Receipt of Application of Chicago Midway
International Airport, Chicago, Illinois; Commencement of 60-Day Public
Review and Comment Period; Notice of Public Meeting.
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SUMMARY: The Federal Aviation Administration (FAA) received the final
application from the City of Chicago for the participation of Chicago
Midway International Airport (MDW) in the Airport Privatization Pilot
Program and has determined that the final application is substantially
complete and accepted for review. The FAA is seeking information and
comments from interested parties on the final application. In
furtherance of this effort, a public meeting will be held Saturday,
November 8, 2008.
Title 49 U.S.C. section 47134 establishes an airport privatization
pilot program and authorizes the Department of Transportation to grant
exemptions from certain Federal statutory and regulatory requirements
for up to five airport privatization projects. The application
procedures require the FAA to publish a notice of receipt of the final
application in the Federal Register and accept public comment on the
final application for a period of 60 days.
DATES: Comments must be received by December 22, 2008. Comments that
are received after that date will be considered only to the extent
possible.
Comments Invited
On Saturday, November 8, 2008, the Department of Transportation,
Federal Aviation Administration, will conduct a public meeting to
receive oral comments about the Chicago Midway final application; the
Transportation Security Administration will also be participating.
The meeting will be held at The Marriott Chicago Midway, Midway
Hotel Center, 65th and Cicero, Bedford Park, Illinois, 10 a.m. to 3
p.m.
Individuals wishing to address the Federal panel can sign up at the
public meeting beginning at 9:30 a.m. The Federal panel will begin
accepting comments at 10 a.m.
ADDRESSES: You may also send written comments by any of the following
methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
You must identify the docket number ``FAA Docket No 2006-25867'' at
the beginning of your comments.
Examining the Application
The final application has been filed under FAA Docket Number 2006-
25867. You may examine the final application on the Internet at http://
www.regulations.gov or on the FAA's Web site http://www.faa.gov or in
person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The Dockets Operations
Office (800-647-5527) is located at the U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001. The Docket contains the
preliminary and final applications, the agreements, any comments
received and other information. The City of Chicago has also made
copies of the final application available at the following locations:
Harold Washington Library Center, Government Publications Division
(5th Floor), 400 S. State Street, Chicago, IL 60605, (312) 747-4300.
Monday through Thursday, 9 a.m. to 9 p.m. Friday/Saturday, 9 a.m. to 5
p.m. Sunday, 1 p.m. to 5 p.m.
Archer Heights Library, Front Desk, 5055 S. Archer Avenue, Chicago,
IL 60632, (312) 747-9241. Monday through Thursday, 9 a.m. to 9 p.m.
Friday/Saturday, 9 a.m. to 5 p.m. Closed Sunday.
West Lawn Library, Front Desk, 4020 W. 63rd Street, Chicago, IL
60629, (312) 747-7381. Monday through Thursday, 9 a.m. to 9 p.m.
Friday/Saturday, 9 a.m. to 5 p.m. Closed Sunday http://
www.ChicagoPublicLibrary.org.
FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Compliance
Specialist, Airport Compliance Division, ACO-100, Office of Airport
Compliance and Field Operations, Federal Aviation Administration, 800
Independence Ave. SW., Washington, DC 20591. Telephone: 202-267-8741.
SUPPLEMENTARY INFORMATION: Title 49 of the U.S. Code Section 47134
authorizes
[[Page 62584]]
the Secretary of Transportation, and through delegation, the FAA
Administrator, to exempt a sponsor of a public use airport that has
received Federal assistance, from certain Federal requirements in
connection with the privatization of the airport by sale or lease to a
private party. Specifically, the Administrator may exempt the sponsor
from all or part of the requirements to use airport revenues for
airport-related purposes, to pay back a portion of Federal grants upon
the sale of an airport, and to return airport property deeded by the
Federal Government upon transfer of the airport. The Administrator is
also authorized to exempt the private purchaser or lessee from the
requirement to use all airport revenues for airport-related purposes,
to the extent necessary to permit the purchaser or lessee to earn
compensation from the operations of the airport.
On September 16, 1997, the Federal Aviation Administration issued a
notice of procedures to be used in applications for exemption under
Airport Privatization Pilot Program (Notice of final application
procedures for the Airport Privatization Pilot program: Application
Procedures, 62 FR 48693-48708 (September 16, 1997) (Notice) (as
modified, 62 FR 63211, Nov. 26, 1997). A request for participation in
the Pilot Program must be initiated by the filing of either a
preliminary or final application for exemption with the FAA.
The City of Chicago submitted a preliminary application to the
Airport Privatization Pilot Program for Chicago Midway International
Airport on September 14, 2006, the filing date of the preliminary
application. The preliminary application was posted on the Docket
Management System (now Regulations.gov) on September 15, 2006 at Docket
No. 2006-25867 and readily available for public review. On October 3,
2006, the FAA informed the City that the application met the procedural
requirements for participation in the airport privatization pilot
program. This letter, posted on the Docket Management System on October
10, 2006, advised the City that the FAA accepted the application for
review and that the City may select a private operator, negotiate an
agreement and submit a final application to the FAA.
On October 14, 2008, the City of Chicago filed its final
application. The City selected Midway Investment and Development
Company LLC (``MIDCo'') to operate the Airport under a 99-year lease.
The City will receive $2.521 billion upon signing the lease. In the
final application, the City requested an exemption under 49 U.S.C.
section 47134(b)(1) to permit the City to use revenue from the lease of
airport property for non-airport purposes and under 49 U.S.C. section
47134(b)(2) to forego the repayment of Federal grants; and MIDCo
requested an exemption under 49 U.S.C. section 47134(b)(3) to permit
MIDCo to earn compensation from the operation of the airport.
The purpose of the public meeting scheduled for Saturday, November
8, 2008, is to accept oral comments on the Chicago Midway final
application for inclusion in Docket No. 2006-25867. The meeting will be
recorded by a court reporter. A transcript of the meeting and any
material accepted by the panel during the meeting will be included in
the public docket. The Federal panel will not be able to discuss the
application or the pending agency decision because the Midway final
application is presently before the agency for a decision. Sign and
oral interpretation can be made available at the meeting, if requested
10 calendar days before the meeting. The Federal panel will begin
accepting comments at 10 a.m.
The FAA has determined that the application is substantially
complete. As part of its review of the final application, the FAA will
consider all comments and written information submitted by interested
parties during the 60-day comment period for this notice.
Issued in Washington, DC, on October 16, 2008.
Randall Fiertz,
Director, Office of Airport Compliance and Field Operations.
[FR Doc. E8-25050 Filed 10-20-08; 8:45 am]
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