56654 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 

1 Indeed, M&NJ’s Verified Notice of Exemption 

does not even indicate how long the proposed lease 

would be in effect. The Board has included that 

information in its decision. 

2E.g., Northern Plains R.R.—Lease Exemption— 

Soo Line R.R., FD 35382 (STB served Aug. 6, 2010) 

(Mulvey, dissenting); Washington & Idaho Ry.— 

Lease and Operation Exemption—BNSF Ry., FD 

35370 (STB served Apr. 23, 2010) (Mulvey, 

commenting). See disclosure rules at Disclosure of 

Rail Interchange Commitments, EP 575 (Sub-No. 1) 

(STB served May 29, 2008). 

Board decisions and notices are 

available at our Web site at http:// 

www.stb.dot.gov. 

It is ordered: 

1. The delegation of authority of the 

Office of Proceedings, under 49 CFR 

1011.7(b)(10), to determine whether to 

issue a notice of exemption in this 

proceeding is revoked. 

2. This decision is effective on the 

date of service. 

Decided: September 13, 2010. 

By the Board, Chairman Elliott, Vice 

Chairman Mulvey, and Commissioner 

Nottingham. Vice Chairman Mulvey 

dissented with a separate expression. 

Vice Chairman Mulvey, dissenting: 

Once again, I must disagree with the 

Board’s decision to allow a transaction 

containing a significant interchange 

commitment to be processed under the 

Board’s class exemption procedures at 49 

CFR 1150.41. I believe that it is incumbent 

for the Board to take a close look at 

interchange commitments before permitting 

them to become effective, particularly when 

they contain outright bans on interchange 

with third-party carriers or, as here, 

economic incentives that can only be 

evaluated with the provision of additional 

information. 

Here, M&NJ seeks authorization to lease or 

sublease approximately 36 miles from NSR. 

As disclosed in the M&NJ’s Verified Notice 

of Exemption, the lease agreement contains 

an interchange commitment that gives M&NJ 

a ‘‘credit’’ toward its annual lease payment for 

every car that it interchanges with NSR at 

Campbell Hall, NY. But the notice of 

exemption and supporting documents do not 

explain (1) whether the ‘‘credit’’ is so large vis 

a vis the projected carloads and annual lease 

payment as to eliminate any incentive by 

M&NJ to interchange with a third-party 

carrier, (2) how many shippers and carloads 

will be impacted by the interchange 

commitment, (3) and what competitive 

routing options are being foreclosed during 

the term of the lease.1 I believe that all of this 

information, which would be obtained 

through the Board’s more detailed 

application or a petition for exemption 

procedures, is necessary to understand the 

impact of this new lease. 

The trickle of transactions with 

interchange commitments since the Board’s 

2008 interchange commitment disclosure 

rules were adopted has turned into a steady 

drip.2 Although the disclosure rules were an 

important first step to regulating interchange 

commitments, I urge my colleagues to closely 

scrutinize newly proposed long-term leases 

that will shape competition in the rail 

industry for years to come. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–23147 Filed 9–15–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

RTCA NextGen Advisory Committee 

(NAC) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of RTCA NextGen 

Advisory Committee (NAC) 

SUMMARY: The FAA published a Notice 

in the Federal Register on September 3, 

2010 (75–FR–54221), concerning a 

Notice to advise the public of a meeting 

of RTCA NextGen Advisory Committee. 

The Agenda in that notice has been 

revised. 

DATES: The meeting will be held 

September 23, 2010, from 8:30 a.m. to 

11:30 a.m. 

ADDRESSES: The meeting will be held at 

Bessie Coleman Room, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

Metro: L’Enfant Plaza Station (Use 7th & 

Maryland Exit). 

FOR FURTHER INFORMATION CONTACT: 

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org. 

SUPPLEMENTARY INFORMATION: The 

Agenda published in the Federal 

Register Notice on September 3, 2010, 

(75–FR–54221) is revised to read as 

follows: 

• Opening Plenary (Welcome and 

Introductions). 

• Review Terms of Reference. 

• Overview of NextGen—Setting the 

stage for Committee actions. 

• RTCA Task Force 5 

Recommendations. 

• FAA Actions and Activities. 

• Close-out ATMAC Action Items. 

• Discussion of Initial Task. 

• Discussion of Working 

Subcommittee. 

• Set Meeting Dates for 2011. 

• Closing Plenary (Other Business, 

Adjourn). 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on September 

10, 2010. 

Robert L. Bostiga, 

RTCA Advisory Committee. 

[FR Doc. 2010–23071 Filed 9–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Passenger Facility Charge 

(PFC) Approvals and Disapprovals 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Monthly Notice of PFC 

Approvals and Disapprovals. In August 

2010, there were two applications 

approved. This notice also includes 

information on one application, 

approved in July 2010, inadvertently left 

off the July 2010 notice. Additionally, 

three approved amendments to 

previously approved applications are 

listed. 

SUMMARY: The FAA publishes a monthly 

notice, as appropriate, of PFC approvals 

and disapprovals under the provisions 

of the Aviation Safety and Capacity 

Expansion Act of 1990 (Title IX of the 

Omnibus Budget Reconciliation Act of 

1990) (Pub. L. 101–508) and Part 158 of 

the Federal Aviation Regulations (14 

CFR Part 158). This notice is published 

pursuant to paragraph d of § 158.29. 

PFC Applications Approved 

Public Agency: Puerto Rico Ports 

Authority, San Juan, Puerto Rico. 

Application Number: 09–06–C–00– 

SJC. 

Application Type: Impose and use a 

PFC. 

PFC Level: $3.00. 

Total PFC Revenue Approved in This 

Decision: $19,713,152. 

Earliest Charge Effective Date: August 

1, 2031. 

Estimated Charge Expiration Date: 

March 1, 2033. 

Class of Air Carriers Not Required To 

Collect PFCs: None. 

Brief Description of Project Approved 

for Collection at Luis Munoz Marin 

International Airport (SJU) and Use at 

SJU at a $3.00 PFC Level: PFC 

application development. 

Brief Description of Projects Approved 

for Collection at SJU and Use at Jose 

Aponte de la Torre Airport at a $3.00 

PFC Level: 

Phase 0 construction—terminal facility. 

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Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices 56655 

Rehabilitation of airfield guidance 

signage. 

Rehabilitation of taxiway lighting 

system. 

Pavement rehabilitation of runway 7/25 

and taxiways. 

Airfield pavement markings. 

Decision Date: July 22, 2010. 

For Further Information Contact: 

Susan Moore, Orlando Airports District 

Office, (407) 812–6331. 

Public Agency: Port of Bellingham, 

Bellingham, Washington. 

Application Number: 10–11–C–00– 

BLI. 

Application Type: Impose and use a 

PFC. 

Total PFC Revenue Approved in This 

Decision: $30,250,000. 

PFC Level: $4.50. 

Earliest Charge Effective Date: 

October 1, 2010. 

Estimated Charge Expiration Date: 

October 1, 2027. 

Class of Air Carriers Not Required To 

Collect PFCs: None. 

Brief Description of Project Approved 

for Collection and Use: Commercial 

terminal expansion. 

Decision Date: August 11, 2010. 

For Further Information Contact: 

Trang Tran, Seattle Airports District 

Office, (425) 227–1662. 

Public Agency: City of Lubbock, 

Texas. 

Application Number: 10–07–C–00– 

LBB. 

Application Type: Impose and use a 

PFC. 

Total PFC Revenue Approved in This 

Decision: $13,101,351. 

PFC Level: $4.50. 

Earliest Charge Effective Date: 

December 1, 2013. 

Estimated Charge Expiration Date: 

April 1, 2020. 

Classes of Air Carriers Not Required 

To Collect PFCs: (1) Part 135 air taxi/ 

commercial operators filing FAA Form 

1800–31; (2) commuters and small 

certificated air carriers filing 

Department of Transportation Research 

and Special Programs Administration 

(RSPA) Form T–100 for non-scheduled 

enplanements; and (3) large certificated 

route air carriers filing RSPA Form T– 

100 for non-scheduled enplanements. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that each proposed class 

accounts for less than 1 percent of the 

total annual enplanements at Lubbock– 

Preston Smith International Airport. 

Brief Description of Projects Approved 

for Collection and Use: 

Runway 8/26 improvements—phase I 

Runway 8/26 improvements—phase II. 

Replace passenger loading bridges. 

Decision Date: August 12, 2010. 

For Further Information Contact: 

Steven Cooks, Texas Airports 

Development Office, (817) 222–5600. 

Amendments to PFC Approvals: 

Amendment No. 

City, State 

Amendment 

approved 

date 

Original 

approved 

net PFC 

revenue 

Amended 

approved 

net PFC 

revenue 

Original 

estimated 

charge 

exp. date 

Amended 

estimated 

charge 

exp. date 

98–05–C–05–MCO Orlando, FL ...................................................... 08/03/10 $119,178,876 $114,471,533 10/01/00 10/01/00 

06–06–C–02–SAV Savannah, GA ................................................... 08/04/10 4,480,700 4,490,100 03/01/13 03/01/13 

03–04–C–03–PIH Pocatello, ID ....................................................... 08/10/10 294,313 302,926 04/01/08 04/01/08 

Issued in Washington, DC on September 3, 

2010. 

Joe Hebert, 

Manager, Financial Analysis and Passenger 

Facility Charge Branch. 

[FR Doc. 2010–22959 Filed 9–15–10; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2010–0081] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

SEA SENORA. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2010– 

0081 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

October 18, 2010. 

ADDRESSES: Comments should refer to 

docket number MARAD–2010–0081. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov/

submit/. All comments will become part 

of this docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., e.t., 

Monday through Friday, except federal 

holidays. An electronic version of this 

document and all documents entered 

into this docket is available on the 

World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel SEA SENORA is: 

Intended commercial use of vessel: 

‘‘Sport Fishing Charter, Fish caught will 

not be sold commercially.’’ 

GEOGRAPHIC REGION: ‘‘Texas.’’ 

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