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. 

mstockstill on DSKH9S0YB1PROD with NOTICES