54326 Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices 

declaratory order regarding an Executive 

Order issued by the Honorable Togiola 

T.A. Tulafono, the Governor of 

American Samoa, that proposed to block 

Hawaiian from continuing to serve 

American Samoa. Governor Tulafono 

has been dissatisfied with the quality 

and price of Hawaiian’s service. His 

executive order, issued July 26, 2006, 

stated that American Samoa intends to 

find another airline to replace 

Hawaiian’s service and that he will 

issue a second executive order barring 

Hawaiian from continuing to operate to 

American Samoa when another airline 

is ready to replace Hawaiian’s service 

between Pago Pago and Honolulu. 

Hawaiian’s petition, filed in Docket 

OST–2006–25612, contends that the 

Governor may not lawfully block 

Hawaiian from serving the HonoluluPago Pago market. Hawaiian’s petition 

thus presents the question of whether 

Federal law will allow the Governor to 

take the action proposed by his 

Executive Order, or will prohibit him 

from doing so. 

Because we were unwilling to rule on 

Hawaiian’s petition without making 

sure that American Samoa had a full 

opportunity to respond to the petition, 

and because no one submitted 

comments in response to Hawaiian’s 

petition, we published a notice inviting 

American Samoa and all other 

interested persons to submit comments 

on the petition. Comments were due 

September 15, and reply comments 

were due September 22, 2006. 71 FR 

52205 (September 1, 2006). 

On August 30, the Governor of 

American Samoa sent a letter to Susan 

McDermott, the Deputy Assistant 

Secretary for Aviation and International 

Affairs, requesting that at least sixty 

days, and preferably ninety days, be 

allowed for submitting comments on 

Hawaiian’s petition. The Governor 

stated that the issues presented by 

Hawaiian’s petition could not be 

adequately addressed within a fourteenday comment period. He suggested that 

the comment period in this proceeding 

should reflect the procedures used in 

rulemaking proceedings, where sixtyday comment periods are common. We 

have placed a copy of the Governor’s 

letter in the docket for this proceeding 

and sent a copy to Hawaiian. Hawaiian 

states that it does not object to a sixtyday comment period. 

We will establish a comment period 

of sixty days, as the Governor has 

requested. Comments therefore will be 

due sixty days after the September 1 

publication of our initial Federal 

Register notice. This will give the 

parties ample time for preparing their 

responses to Hawaiian’s petition. We 

will also give parties two additional 

weeks for filing reply comments. 

The parties’ submissions thus far 

suggest that we should provide some 

guidance on the procedural 

requirements for this proceeding. 

Because Hawaiian is requesting a 

declaratory order regarding its 

individual dispute with the Governor, 

this proceeding is an adjudication, not 

a rulemaking. As such, it is subject to 

our rules for adjudicatory proceedings 

where no oral evidentiary hearing is 

held, 14 CFR 302.1 through 302.15. In 

adjudications, fundamental principles 

of fairness require that each party must 

serve the other parties whenever it 

submits its views to us on substantive 

or procedural issues. As a result, 

Hawaiian, the Governor, and the other 

parties must send all of their future 

filings directly to the docket for this 

proceeding and must simultaneously 

serve the other parties (at this time, the 

parties consist of Hawaiian and the 

Governor). While we sent a copy of 

Hawaiian’s petition to the Governor and 

then forwarded the Governor’s request 

for more time to Hawaiian, in the future 

each party is responsible for ensuring 

that it has sent a copy of any written 

request or pleading to the other parties. 

Dated: September 8, 2006. 

Michael W. Reynolds, 

Acting Assistant Secretary for Aviation and 

International Affairs. 

[FR Doc. 06–7645 Filed 9–13–06; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Land at Banning 

Municipal Airport, Banning, CA 

AGENCY: Federal Aviation 

Administration, Department of 

Transportation. 

ACTION: Notice of request to release 

airport land. 

SUMMARY: The Federal Aviation 

Administration (FAA) proposes to rule 

and invites public comment on the 

release of the City of Banning from the 

conditions contained in applicable grant 

agreements with the United States for 

approximately 20 acres of undeveloped 

airport land obligated for airport 

purposes at Banning Municipal Airport, 

Banning, California, and which is not 

needed for airport purposes. The parcel 

will be sold at its fair market value and 

redeveloped for commercial purposes, 

which are compatible with the airport. 

The City of Banning County will use the 

sale proceeds for eligible airport 

improvements, which will provide a 

benefit to the airport and civil aviation. 

DATES: Comments must be received on 

or before October 16, 2006. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Federal Aviation 

Administration, Airports Division, 

Federal Register Comment, 15000 

Aviation Blvd., Lawndale, CA 90261. In 

addition, one copy of any comments 

submitted to the FAA must be mailed to 

Mr. Owen Carder, Airport Manager, City 

of Banning, P.O. Box 998, Banning, CA 

92220–0998. 

FOR FURTHER INFORMATION CONTACT: 

Tony Garcia, Airports Compliance 

Specialist, Airports Division, Federal 

Aviation Administration, 15000 

Aviation Blvd., Lawndale, CA 90261, 

telephone (310) 725–3634, and fax (310) 

725–6849. For airport-specific 

information regarding the release, 

contact Mr. Owen Carder, Airport 

Manager, Banning Municipal Airport at 

the address above or telephone (951) 

922–3291. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (AIR 21), Public Law 

10–181 (Apr. 5, 2000; 114 Stat. 61), this 

notice must be published in the Federal 

Register 30 days before the Secretary of 

Transportation may waive any 

condition imposed on a federally 

obligated airport by the assurances in 

grant agreements. 

Brief Overview of the Request 

The City of Banning requested a 

release from the conditions and 

restrictions in applicable grant 

agreements with the United States for 

approximately 20 acres of undeveloped 

airport land obligated for airport 

purposes at Banning Municipal Airport, 

Banning, California. The 20-acre parcel 

is not being used for airport purposes 

and is not needed for future airport 

development. The land is located on the 

south side of the airport and is 

separated from the developed area on 

the west side of the airport. The parcel 

was acquired with an Airport 

Improvement Grant in September 1983. 

The property has remained vacant and 

undeveloped since its acquisition. It has 

been determined that the property will 

not be used for airport development and 

is, therefore, not needed for airport 

purposes. In accordance with Assurance 

31, Disposal of Land, land that was 

acquired with a grant for airport 

development will be disposed of at fair 

market value when the land is no longer 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices 54327 

needed for such a purpose. The sale 

price of the parcel will be based on an 

appraisal of its fair market value. The 

sales proceeds will be invested in 

eligible airport development projects. 

Following the sale, the property’s 

redevelopment for non-aeronautical 

purposes will comply with local zoning 

and compatible land-use requirements. 

Use of the proceeds from the release 

will be used for airport improvements 

that will provide tangible benefits to the 

airport and civil aviation. 

Issued in Hawthorne, California, on August 

9, 2006. 

George Aiken, 

Manager, Safety and Standards Branch, 

Airports Division, Western-Pacific Region. 

[FR Doc. 06–7631 Filed 9–13–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Land at Brown Field 

Municipal Airport, San Diego, CA 

AGENCY: Federal Aviation 

Administration, Department of 

Transportation. 

ACTION: Notice of request to release 

airport land. 

SUMMARY: The Federal Aviation 

Administration (FAA) proposed to rule 

and invites public comment on the 

release of approximately 1.5 acres of 

airport property at Brown Field 

Municipal Airport, San Diego, 

California, from all restrictions of the 

surplus property agreement since the 

parcel of land is not needed for airport 

purposes. Reuse of the land for State of 

California roadway improvements to 

State Route 905 represents a compatible 

land use. Sale of the property to the 

State at the appraised fair market values 

will be reinvested in airport 

improvements. The property is not 

needed for airport purposes and 

reinvestment of the sale proceeds will 

benefit the airport and the interests of 

civil aviation. 

DATES: Comments must be received on 

or before October 16, 2006. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Federal Aviation 

Administration, Airports Division, 

Federal Register Comment, 15000 

Aviation Blvd., Lawndale, CA 90261. In 

addition, one copy of the comment 

submitted to the FAA must be mailed or 

delivered to Mr. Mike C. Tussey, Acting 

Airports Director, City of San Diego, 

Montgomery Field Airport, 3750 John J. 

Montgomery Drive, San Diego, CA 

92123. 

FOR FURTHER INFORMATION CONTACT: 

Tony Garcia, Airports Compliance 

Specialist, Federal Aviation 

Administration, Airports Division, 

15000 Aviation Blvd., Lawndale, CA 

90261, telephone (310) 725–3634 and 

FAX (310) 725–6849. For airportspecific information regarding the 

release, contact Mr. Mike C. Tussey, 

Acting Airports Director, at the above 

address or telephone (858) 573–1441. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (AIR 21), Public Law 

10–181 (Apr. 5, 2000; 114 Stat. 61), this 

notice must be published in the Federal 

Register 30 days before the Secretary 

may waive any condition imposed on a 

federally obligated airport by surplus 

property conveyance deeds. 

Brief Overview of the Request 

The City of San Diego, California 

requested a release from surplus 

property agreement obligations for 

approximately 1.5 acres of airport land. 

The property is separated from the 

airport and located south of Otay Mesa 

Road. The land is presently unused, 

unimproved, and does not generate any 

income. Due to its location and uneven 

topography, the property cannot be used 

for airport purposes nor has it generated 

revenue for the airport. The release will 

allow the land to be sold to the State of 

California to allow the State to make 

roadway improvements to State Route 

905, which runs along the southern 

boundary of Brown Field and serves as 

the public access road to the airport. 

The property will be sold at the 

appraised market value and the sale 

proceeds will be reinvested in airport 

improvement and development. Reuse 

of the property as a roadway will be 

compatible with the airport and the 

reuse of the sale proceeds will benefit 

the airport, thereby serving the interests 

of civil aviation. 

Issued in Hawthorne, California, on August 

9, 2006. 

George Aiken, 

Manager, Safety and Standards Branch, 

Airports Division, Western-Pacific Region. 

[FR Doc. 06–7632 Filed 9–15–06; 8:45 am] 

BILLING CODE 4910–15–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Intent To Rule on Request To 

Release Airport Land at Calexico 

International Airport, Calexico, CA 

AGENCY: Federal Aviation 

Administration, Department of 

Transportation. 

ACTION: Notice of request to release 

airport land. 

SUMMARY: The Federal Aviation 

Administration (FAA) proposes to rule 

and invites public comment on the 

release of approximately 13.44 acres of 

airport property at Calexico 

International Airport, Calexico, 

California, from all conditions in the 

grant agreement since the land is not 

needed for airport purposes. Reuse of 

the land for commercial purposes 

represents a compatible land use. 

Disposal of the property will provide an 

opportunity to acquire additional land 

that is needed for airport development 

and to meet airport design standards. 

DATES: Comments must be received on 

or before October 16, 2006. 

ADDRESSES: Comments on this 

application may be mailed or delivered 

in triplicate to the FAA at the following 

address: Federal Aviation 

Administration, Airports Division, 

Federal Register Comment, 15000 

Aviation Blvd., Lawndale, CA 90261. In 

addition, one copy of the comment 

submitted to the FAA must be mailed or 

delivered to Luis Estrada, Airport 

Manager, Calexico International Airport, 

608 Heber Avenue, Calexico, CA 92231. 

FOR FURTHER INFORMATION CONTACT: 

Tony Garcia, Airports Compliance 

Specialist, Federal Aviation 

Administration, Airports Division, 

15000 Aviation Blvd., Lawndale, CA 

90261, telephone (310) 725–3634 and 

FAX (310) 725–6849. For airportspecific information regarding the 

release, contact Mr. Luis Estrada, 

Airport Manager, Calexico International 

Airport, at the above address or 

telephone (760) 768–2175. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Wendell H. Ford 

Aviation Investment and Reform Act for 

the 21st Century (AIR 21), Public Law 

10–181 (Apr. 5, 2000; 114 Stat. 61), this 

notice must be published in the Federal 

Register 30 days before the Secretary of 

Transportation may waive any 

condition imposed on a federally 

obligated airport by the assurances in 

grant agreements. 


rwilkins on PROD1PC63 with NOTICES