[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62583-62584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25050]


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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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