[Federal Register Volume 64, Number 151 (Friday, August 6, 1999)]
[Notices]
[Pages 43009-43010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20293]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration
[Docket No. 28895]


Airport Privatization Pilot Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of acceptance for review: Preliminary application for 
Niagara Falls International Airport, Niagara Falls, New York.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) has completed its 
review of the Niagara Falls International Airport (IAG) preliminary 
application for participation in the airport privatization pilot 
program. The preliminary application is accepted for review, with a 
filing date of July 1, 1999. The Niagara Frontier Transportation 
Authority (NFTA), the airport sponsor, may select a private operator, 
negotiate an agreement and submit a final application to the FAA for 
exemption under the pilot program.
    49 U.S.C. 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 in the Federal Register after review of a 
preliminary application. The FAA must publish a notice of receipt of 
the final application in the Federal Register for public review and 
comment for a sixty day period. The IAG preliminary application is 
available for public review in the Federal Aviation Administration, 
Office of Chief Counsel, Attention: Rules Docket (AGC-200), Docket No. 
28895, 800 Independence Avenue, SW., Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT:
Kevin C. Willis (202-267-8741) Airport Compliance Division, AAS-400, 
Federal Aviation Administration, 800 Independence Ave. SW., Washington, 
DC 20591.

SUPPLEMENTARY INFORMATION:

Introduction and Background

    Section 149 of the Federal Aviation Administration Authorization 
Act of 1996, Pub. L. 104-264 (October 9, 1996) (1996 Reauthorization 
Act), adds a new section 47134 to Title 49 of the U.S. Code. Section 
47134 authorizes 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

[[Page 43010]]

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 (62 FR 48693). 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.
    NFTA issued its RFP on July 1, 1999, for Niagara Falls 
International Airport, Niagara Falls, New York and has not selected a 
private operator. The filing date of this preliminary application is 
July 1, 1999, the date the preliminary application was received by the 
FAA. NFTA may select a private operator, negotiate an agreement and 
submit a final application to the FAA for exemption.
    If FAA accepts the final application for review, the application 
will be published in the Federal Register for public review and comment 
for a sixty day period.

    Issued in Washington, DC on July 30, 1999.
Paul Galis,
Acting Deputy Associate Administrator for Airports.
[FR Doc. 99-20293 Filed 8-5-99; 8:45 am]
BILLING CODE 4910-13-M