[Federal Register Volume 68, Number 52 (Tuesday, March 18, 2003)]
[Notices]
[Pages 12969-12971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6475]


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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 extension of comment period for final application of 
new Orleans Lakefront Airport, New Orleans, Louisiana; notice of public 
meeting.

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SUMMARY: On January 16, 2003, the Federal Aviation Administration (FAA) 
published a notice in the Federal Register (68 FR 2391) 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 deadline for submitting comments was March 12, 2003. The 
comment period has now been extended until May 23, 2003, to allow the 
public more time to examine and comment on the final application. A 
public meeting will be held on May 10, 2003, to receive comments from 
airport users and interested parties.

DATES: Comments must be received by May 23, 2003. The public meeting 
will be held on Saturday, May 10, 2003 from 10 a.m. to 1 p.m.

ADDRESSES: The public meeting will be held in the administration 
building, New Orleans Lakefront Airport, 6001 Stars and Stripes 
Boulevard, New

[[Page 12970]]

Orleans, Louisiana, telephone number, (504) 243-4000. The NEW 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 2003-14246. The Dockets Office is open between 9 a.m. and 
5 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, the airport sponsor, 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. to 11 p.m. Friday, 7:45 a.m. and 8 p.m. Saturday, 10 a.m. and 
6 p.m. 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 NEW 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 No. 2003-
14246 at the beginning of your comments. Commenters 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. 2003-14246. The postcard will be date stamped and 
mailed to commenter. You may also submit comments through the Internet 
to http://dms.dot.gov.

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

SUPPLEMENTARY INFORMATION: 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 (upon approval of 65 percent of the air 
carriers serving the airport and having 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 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 the Airport Privatization 
Pilot Program (62 FR 48693). The application procedures are available 
for review on the FAA Web site www2.faa.gov/arp/publications/fedreg.cfm?arpnav=fedr.
    On March 2, 2000, Orleans Levee District submitted a preliminary 
application for the 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. On January 19, 2001, the Orleans Levee District completed its 
submittal of all information previously requested by the FAA.
    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. The filing date of the Orleans 
Levee District preliminary application was January 19, 2001; the date 
the FAA received a completed preliminary application. On April 23, 
2002, the Orleans Levee District filed the final application.
    The proceeds from the sale of lease of airport property are 
considered airport revenue and must be used in accordance with the 
requirements of 49 U.S.C. 47107(b) and 47133. 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 compensation from the lease of airport property 
for non-airport purposes, forgo the repayment of Federal grants, and 
allow American Airports Lakefront, LLC to earn compensation from the 
operation of the airport.
    The final application provides that American Airports Lakefront 
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 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 required it to 
utilize confidential business or financial information in its response. 
In accordance with the airport privatization pilot program application 
procedures, 62 F.R. 48693, 48706 (September 16, 1997), the private 
operator has requested confidential treatment of this information. As a 
result, the three questions and their responses have been redacted 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 NEW final application, the FAA 
has extended the comment period until May 23, 2003.
    The purpose of the public meeting scheduled for Saturday, May 10, 
2003, is to accept public comments on the NEW final application for 
inclusion in Docket No. 2003-14246. The FAA will answer general 
questions on the Airport Privatization Pilot Program and how FAA 
requirements will apply to private airport operators generally. 
However, because the NEW final application is presently before the 
agency for a decision, the FAA will not be able to discuss the 
application or the pending agency decision. Individuals wishing to 
address the FAA panel can sign up at

[[Page 12971]]

the airport administration building beginning at 9 am on the day of the 
public meeting. The FAA panel will begin accepting comments at 10 am.

    Issued in Washington, DC, on March 10, 2003.
David L. Bennett,
Director, Office of Airport Safety and Standards.
[FR Doc. 03-6475 Filed 3-17-03; 8:45 am]
BILLING CODE 4910-13-M