[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2391-2392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1013]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2003-14246]


Airport Privatization Pilot Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of receipt of application of New Orleans Lakefront 
Airport, New Orleans, Louisiana; commencement of 60 day public review 
and comment period.

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SUMMARY: The Federal Aviation Administration (FAA) is seeking 
information and comments from interested parties on the final 
application by the Orleans Levee District for participation of New 
Orleans Lakefront Airport (NEW) in the airport privatization pilot 
program. The final application is accepted for review.
    Title 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 of receipt of the final 
application in Federal Register and accept public comment on the final 
application for a period of 60 days.

DATES: Comments must be received by March 12, 2003. Comments that are 
received after that date will be considered only to the extent 
possible.

ADDRESSES: The final application is available for public review in the 
Dockets Office, U.S. Department of Transportation, Room Plaza 401, 400 
Seventh Street, SW., Washington, DC 20590-0001. The documents have been 
filed under FAA Docket Number FAA-2003-14246. The Dockets Office is 
open between 9:00 a.m. and 5:00 p.m., Monday through Friday, except 
Federal holidays. The Dockets Office is on the plaza level of the 
Nassif Building at the Department of Transportation at the above 
address. Also, you may review public dockets on the Internet at http://dms.dot.gov.
    The Orleans Levee District has also made a copy of the application 
available at the following locations:

Circulation Desk at the Earl K. Long Library, University of New 
Orleans, 2000 Lakeshore Drive, New Orleans, Louisiana 70148. The 
documents are available for review: Monday through Thursday, 7:45 a.m. 
and 11 p.m. Friday, 7:45 a.m. and 8 p.m. Saturday, 10:00 a.m. and 6 pm. 
Sundays, 12 noon and 8 p.m. The Library is closed on all legal 
holidays. Library personnel will require presentation of picture 
identification.
Administration Building, New Orleans Lakefront Airport, 6001 Stars and 
Stripes Boulevard, New Orleans, Louisiana 70126.
The Administration Building is open weekdays from 9 a.m. and 4 p.m. 
with the exception of legal holidays. The contact person is Max L. 
Hearn who may be reached at (504) 243-4000.

    Comments on the final application must be delivered or mailed, in 
duplicate, to: the Docket Management System, U.S. Department of 
Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 
20590-0001. You must identify the docket number ``FAA Docket FAA-2003-
14246'' at the beginning of your comments. Commentors wishing the FAA 
to acknowledge receipt of their comments must include a preaddressed, 
stamped postcard on which the following statement is made: ``Comments 
to FAA Docket No. FAA-2003-14246.'' The postcard will be date stamped 
and mailed to the commenter. You may also submit comments through the 
Internet to http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Kevin C. Willis, Compliance 
Specialist, Airport Compliance Division, AAS-400, Office of Airport 
Safety and Standards, Federal Aviation Administration, 800 Independence 
Ave SW., Washington, DC 20591. Telephone: 202-267-8741.

SUPPLEMENTARY INFORMATION: Title 49 of the U.S. Code 47134(b) 
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 (upon approval of 65 percent of the air 
carriers serving the airport and have 65 percent of the landed weight), 
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

[[Page 2392]]

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. (No air carrier approval is necessary for 
the latter exemption.)
    On September 16, 1997, the FAA issued a notice of procedures to be 
used in applications for exemption under Airport Privatization Pilot 
Program (62 FR 48693). The notice of procedures and its public comments 
are available for review in FAA Rules Docket No. 28895.
    On March 2, 2000, the Orleans Levee District submitted a 
preliminary application for participation of the New Orleans Lakefront 
Airport in the Airport Privatization Pilot Program. On May 17, 2000, 
the FAA informed the Orleans Levee District that additional information 
was needed in order for the FAA to accept the application for further 
review. The Orleans Levee District submitted all information, 
previously requested by the FAA. The filing date of the Orleans Levee 
District preliminary application was January 19, 2001, the date the FAA 
received a completed preliminary application.
    On March 8, 2001, the FAA informed the Orleans Levee District that 
it had accepted New Orleans Lakefront Airport's preliminary application 
for further review. This action permitted the Orleans Levee District to 
select a private operator, negotiate an agreement and submit a final 
application to the FAA for exemption. On April 23, 2002, the Orleans 
Levee District filed a final application.
    In its final application, the Orleans Levee District requested an 
exemption under 49 U.S.C. 47134(b)(1) from 49 U.S.C. 47107(b) and 
47133, to permit the Orleans Levee District to use revenue from the 
lease of airport property for non-airport purposes; under 49 U.S.C. 
47134(b)(2) to forgo the repayment of Federal grants; 49 U.S.C. 
47134(b)(1); and under 49 U.S.C. 47134(b)(3) and to allow American 
Airports Lakefront, LLC to earn compensation from the operation of the 
airport.
    In accordance with the final application, American Airports 
Lakefront, LLC will operate the airport under a 50-year lease and pay 
the Orleans Levee District $300,000 in annual rental payments for the 
first three years. In the fourth year, American Airports Lakefront, LLC 
will pay $300,000 in annual rental payments or 11 percent of the 
airport's gross income not to exceed $3,000,000 plus 30 percent of the 
airport's gross income over $3,000,000.
    On July 2, 2002, in an effort to clarify certain parts of the 
application, FAA staff requested responses to 26 questions. Three of 
the questions posed to the American Airports Lakefront, LLC required it 
to utilize confidential business or financial information in its 
response. In accordance with the airport privatization pilot program 
application procedures, 62 FR 48693, 48706 (September 16, 1997), the 
private operator has requested confidential treatment of this 
information. As a result, the responses to those three questions have 
been withheld and will not be available for public comment. Copies of 
the 26 questions and the 23 responses available for public view and 
comment are included in the sponsor's application for public review.
    On November 7, 2002, the FAA requested responses to four additional 
questions. The questions and the responses are included in the docket 
for public review.
    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 information submitted by interested parties 
during the 60-day comment period for this notice.

    Issued in Washington, DC, on January 13, 2003.
David L. Bennett,
Director, Airport Safety and Standards.
[FR Doc. 03-1013 Filed 1-15-03; 8:45 am]
BILLING CODE 4910-13-M