Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Notices 24251

Division (X–56, Room 6401),

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590, (202) 366–5347.

Dated: April 19, 2000.

Robert S. Goldner,

Acting Deputy Assistant Secretary for

Aviation and International Affairs.

[FR Doc. 00–10244 Filed 4–24–00; 8:45 am]

BILLING CODE 4910–62–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 29088]

Airport Privatization Pilot Program

AGENCY: Federal Aviation

Administration (FAA) DOT.

ACTION: Available of record of decision

for the participation of Stewart

International Airport, Newburg, New

York, in the airport privatization pilot

program.

SUMMARY: The Federal Aviation

Administration (FAA) has approved the

final application by the State of New

York for Stewart International Airport

(SWF) as one of the five airports eligible

to participate in the airport privatization

pilot program. An exemption is issued

from certain provisions of 49 U.S.C.

section 47134(b).

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 approve

the final application and issue an

exemption under 49 U.S.C. section

47134 after the execution of all

documents necessary to fulfill the

requirements of section 47134 and other

laws and regulation within the FAA’s

jurisdiction.

DATES: The FAA Record of Decision was

signed on March 31, 2000. The New

York State Department of

Transportation transferred Stewart

International Airport to SWF Airport

Acquisition, Inc. under a 99 year lease

agreement on April 1, 2000.

ADDRESSES: The Record of Decision is

available for public review in the

Federal Aviation Administration, Office

of Chief Counsel, Attention: Rules

Docket (AGC–200), Docket No. 29088,

800 Independence Avenue SW.,

Washington, DC 20691.

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:

Introduction and Background

Section 149 of the Federal Aviation

Administration Authorization Act of

1996, Pub. L. No. 104–264 (October 9,

1996) (1996 Reauthorization Act) added

a new section § 47134 to 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 paty. 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 notice of procedures and

its public comments are available for

review in FAA Rules Docket No. 28895.

On December 16, 1997, the FAA

issued a notice accepting for review the

Stewart International Airport

preliminary application (62 FR 65845,

Docket Number 29088). This action

permitted NYSDOT to select a private

operator, negotiate an agreement, and

submit a final application to the FAA

for exemption. The filing date of the

NYSDOT preliminary application was

October 23, 1997, the date the FAA

received the preliminary application.

On January 10, 1999, NYSDOT filed its

final application for the privatization of

SWF. The final application provides for

a 99-year lease agreement between

NYSDOT and Stewart Airport

Acquisition, Inc. (SWFAA) a wholly

owned subsidiary of National Express

Group. In return for the right to lease the

airport, National Express Group (NEG)

and its subsidiary will pay NYSDOT a

$35 million payment and beginning in

the tenth year of the agreement provide

annual payments totaling five percent of

gross airport income. As a part of its

proposal SWFAA proposes a $48.6

million capital improvement program

over the initial five-year period with a

proposed rate of return ranging between

3% and 35% on the private operator’s

contribution. SWFAA will provide

marketing support and all management,

administrative and operational

personnel to operate the airport.

On February 16, 1999, in an effort to

clarify certain parts of the application,

FAA staff requested responses to 5

questions from the NYSDOT and to 12

questions from NEG. Ten of the

questions posed to the private operator

required it to utilize confidential

business or financial information in

order to respond. In accordance with the

airport privatization pilot program

application procedures, (62 FR 48693,

48706, September 16, 1997), NEG

requested confidential treatment of this

information. As a result, the responses

to these 10 questions were not available

for public comment. Copies of the 17

questions and the 7 responses available

for public view and comment are

included in Attachment 15 of the

sponsor’s final application for review.

After reviewing this information, the

FAA determined that the application

was substantially complete.

On April 8, 1999, the Federal

Aviation Administration published in

the Federal Register a Notice of Receipt

of Final Application of Stewart

International Airport, Newburgh, New

York; Request for Comments under the

Airport Privatization Pilot Program (64

FR 17208). The notice made known the

availability of the final application for

Stewart International Airport for public

comment and review. Comments were

originally requested for submittal by

June 7,1 999. The comment period was

later extended to June 28, 1999,

following a public meeting held on June

12, 1999, at the request of several

members of Congress to allow the FAA

to receive testimony from the local

community and elected officials. The

FAA also solicited and received

comments at the public meeting held on

June 12, 1999. Verbatim transcripts of

the meeting have been included in the

docket of this proceeding.

The Agency received 96 comments in

response to the notice. The FAA

response to the comments received is

incorporated in the Record of Decision.

On March 30, the FAA signed a

Record of Decision approving the

participation of the airport in the Pilot

Program, and issued an Airport

24252 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Notices

Operating Certificate under 14 CFR part

139 to SWF Airport Acquisition, Inc.

Issued in Washington, DC on April 17,

2000.

David L. Bennett,

Director, Office of Airport Safety and

Standards.

[FR Doc. 00–10219 Filed 4–24–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Supplemental Environmental Impact

Statement on the Buffalo Inner Harbor

Project, New York

AGENCY: Federal Transit Administration,

DOT.

ACTION: Notice of Intent to prepare a

Supplemental Environmental Impact

Statement.

SUMMARY: The Federal Transit

Administration (FTA) is issuing this

notice to advise the public and

interested agencies that a Supplemental

Environmental Impact Statement (SEIS)

will be prepared by the FTA and the

Niagara Frontier Transportation

Authority (NFTA) on the Buffalo Inner

Harbor Project. This Supplemental EIS

is in response to a court order and is

limited in scope to the issue of historic

preservation. The SEIS will address

events and information that became

available subsequent to the final EIS

(FEIS), which was issued February 12,

1999.

The Preservation Coalition filed a

civil action on October 6, 1999, in the

United States District Court for the

Western District of New York under

civil action number 99–CV–745S against

FTA, NFTA, the New York State

Thruway Authority, Empire State

Development Corporation (ESDC), and

the New York State Office of Parks,

Recreation, and Historic Preservation.

ESDC is the project sponsor. The

Preservation Coalition challenged the

Buffalo Inner Harbor Project on

environmental and historic preservation

grounds. On March 31, 2000, District

Court Judge William M. Skretny ordered

that a SEIS be prepared to consider the

information learned during

archaeological investigations conducted

after the FEIS.

DATES: The court established a

compressed timetable for completion of

a draft and final SEIS. A draft SEIS will

be prepared by May 10, 2000. Public

comments will be solicited, and a public

hearing will be held, on the SEIS

between May 20, 2000, and May 31,

2000. A final SEIS will be prepared by

June 30, 2000. FTA will issue a

supplemental Record of Decision (ROD)

by July 10, 2000.

ADDRESSES: Correspondence requesting

notification of the availability of the

draft SEIS and the public hearing date

and location, or commenting on the

draft SEIS should be addressed to Vito

Sportelli, NFTA, 181 Ellicott Street;

Buffalo, New York 14203.

FOR FURTHER INFORMATION CONTACT:

Anthony G. Carr, FTA Region II, One

Bowling Green, Room 429; New York,

New York 10004. Telephone (212) 668–

2170.

SUPPLEMENTARY INFORMATION: The

Buffalo Inner Harbor Project involves

reconfiguring a segment of the Buffalo

Inner Harbor shoreline into three areas

to accommodate a commercial harbor

basin with three piers, a working canal

slip and a naval vessel basin. The

Project also involves intermodal

transportation components, including

the construction of a public esplanade

to provide a continuous transportation

link and public access to the waterfront,

connection of existing pedestrian and

bicycle path systems and provision of

opportunities for private development.

The State Historic Preservation

Officer (SHPO) opined in June 1998 that

the Buffalo Inner Harbor Project would

have no adverse effect on cultural

resources in or eligible for inclusion on

the National Register of Historic Places.

SHPO also called for a Stage III

archaeological excavation of the

Commercial Slip. The Commercial Slip

is a former slip that connected the Erie

Canal with the Buffalo River. It was

filled in 1926 and is presently used as

a right-of-way for the Hamburg Drain.

During the Stage III excavation remains

of the Commercial Slip wall were

discovered, and as a result, the SHPO

determined in June 1999 that the

Commercial Slip wall met the criteria

for inclusion in the National Register,

and subsequently, the SHPO determined

that exposure and public display of the

Commercial Slip wall is not feasible and

that the wall should be covered over as

a means of preservation.

The court ordered that the SEIS must

address and discuss events that

occurred and information that became

available subsequent to the final EIS

which will affect environmental issues

in a significant manner or to a

significant extent not already

considered in the final EIS. Specifically,

the SEIS will discuss: (a) Applicability

of the ‘‘archaeology exception’’ to the

Commercial Slip wall, and to other

existing historic resources, if any, at the

Inner Harbor Project site; (b) Whether

the Commercial Slip wall must be

buried in order to protect it from the

elements; (c) Whether rehabilitation,

restoration or reconfiguration of the

Commercial Slip wall is a reasonable

and prudent alternative to burying the

wall; and (d) Whether any resources at

the Inner Harbor project site, other than

Commercial Slip, are eligible for

inclusion in the National Register, either

individually or collectively. The SEIS

will also address and discuss whether

proposals submitted by the Preservation

Coalition, and/or by other entities or

individuals for the rehabilitation,

restoration or reconfiguration, and/or

utilization of the Commercial Slip wall,

in the plan for the Inner Harbor Project,

are reasonable and prudent.

Issued on: April 20, 2000.

Letitia Thompson,

Regional Administrator, Federal Transit

Administration, Region II.

[FR Doc. 00–10297 Filed 4–24–00; 8:45 am]

BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA 2000–7125, Notice 1]

General Motors Corp.; Receipt of

Application for Determination of

Inconsequential Noncompliance

General Motors Corporation (GM) has

applied to be exempted from the

notification and remedy requirements of

49 U.S.C. Chapter 301 ‘‘Motor Vehicle

Safety’’ for a noncompliance with

Federal Motor Vehicle Safety Standard

(FMVSS) No. 209, ‘‘Seat Belt

Assemblies,’’ on the basis that the

noncompliance is inconsequential to

motor vehicle safety. GM has filed a

report of a noncompliance pursuant to

49 CFR part 573 ‘‘Defects and

Noncompliance Reports.’’

This notice of receipt of the

application is published under 49

U.S.C. 30118 and 30120 and does not

represent any agency decision or other

exercise of judgment concerning the

merits of the application.

Description of Noncompliance

GM has determined that the driver

safety belt assembly in some GM S/T

pickup trucks and sport utility vehicles

does not meet the requirements of

S4.3(j)(1) of FMVSS 209. The vehicles

involved are model year 1999 and 2000

versions of the Chevrolet S–10 and GMC

Sonoma pickups and the Chevrolet

Blazer/Trail Blazer, GMC Jimmy/Envoy,

and Oldsmobile Bravada utility

vehicles. Some of these trucks were

built with a driver safety belt emergency