Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 57213 

AMENDMENT TO PFC APPROVALS—Continued 

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 

08–06–C–02–TUL, Tulsa, OK ................................... 11/15/12 57,177,803 57,444,148 04/01/19 02/01/21 

95–01–C–07–MCI, Kansas City, MO ........................ 11/19/12 277,485,571 280,588,692 12/01/10 12/01/10 

05–05–C–02–MCI, Kansas City, MO ........................ 11/19/12 30,984,859 31,070,963 07/01/14 07/01/14 

09–06–C–01–MCI, Kansas City, MO ........................ 11/19/12 25,579,060 27,416,777 06/01/15 06/01/15 

03–05–C–02–MBS, Saginaw, MI ............................... 11/20/12 1,378,794 400,764 04/01/08 08/01/07 

11–15–C–01–BGM, Binghamton, NY ........................ 11/20/12 298,884 614,250 09/01/17 06/01/17 

10–10–C–01–PBI, West Palm Beach, FL ................. 11/21/12 11,868,332 12,453,559 09/01/10 12/01/11 

11–03–C–01–LCH, Lake Charles, LA ....................... 11/27/12 650,000 665,490 09/01/15 01/01/16 

Issued in Washington, DC, on September 4, 

2013. 

Joe Hebert, 

Manager, Financial Analysis and Passenger 

Facility Charge Branch. 

[FR Doc. 2013–22562 Filed 9–16–13; 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 

September 2012, there were five 

applications approved. Additionally, 10 

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: City of Savannah and 

Savannah Airport Commission, 

Savannah, Georgia. 

Application Number: 12–09–C–00– 

SAV. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved In This 

Decision: $1,619,201. 

Earliest Charge Effective Date: 

December 1, 2016. 

Estimated Charge Expiration Date: 

October 1, 2017. 

Class Of Air Carriers Not Required To 

Collect PFC’s: 

Air taxi/commercial operators filing 

FAA Form 1800–31 and operating at 

Savannah Hilton Head International 

Airport (SAV). 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the approved class 

accounts for less than 1 percent of the 

total annual enplanements at SAV. 

Brief Description of Projects Approved 

for Collection and Use: 

Traffic survey design. 

Terminal curbside canopy 

construction. 

Tree removal runway 10 approach. 

PFC implementation and 

administration costs. 

Brief Description of Projects Approved 

for Use: 

Site mitigation. 

Realign and construct Gulfstream 

Road. 

Taxiway A extension north— 

construction/tunnel construction. 

Electrical vault. 

Taxiway H construction. 

Storm water update. 

Gulfstream Road/tunnel design. 

Airfield electrical vault design. 

Taxiway A design. 

Taxiway H design. 

Decision Date: September 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Rau, Atlanta Airports District 

Office, (404) 305–7004. 

Public Agency: Grand Forks Regional 

Airport Authority, Grand Forks, North 

Dakota. 

Application Number: 12–09–C–00– 

GFK. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $550,000. 

Earliest Charge Effective Date: January 

1, 2018. 

Estimated Charge Expiration Date: 

January 1, 2019. 

Class of Air Carriers Not Required To 

Collect PFC’s: 

Air taxi/commercial operators filing 

FAA Form 1800–31. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the approved class 

accounts for less than 1 percent of the 

total annual enplanements at Grand 

Forks International Airport. 

Brief Description of Project Approved 

for Collection and Use: 

Purchase of runway broom. 

Decision Date: September 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

David Anderson, Bismarck Airports 

District Office, (701) 323–7385. 

Public Agency: Huntsville-Madison 

County Airport Authority, Huntsville, 

Alabama. 

Application Number: 12–18–C–00– 

HSV. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $700,868. 

Earliest Charge Effective Date: May 1, 

2022. 

Estimated Charge Expiration Date: 

September 1, 2022. 

Classes of Air Carriers Not Required 

To Collect PFC’s: 

(1) Air taxi/commercial operators at 

Huntsville International Airport—Carl T 

Jones field (HSV); (2) certified air 

carriers at HSV; and (3) certified route 

air carriers having fewer than 500 

annual passenger enplanements at HSV. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that each approved class 

accounts for less than 1 percent of the 

total annual enplanements at HSV. 

Brief Description of Projects Approved 

for Collection and Use: 

Acquire land for development. 

Aircraft rescue and firefighting 

vehicles and equipment. 

Glenn Hearn Boulevard/James Record 

Road intersection improvement. 

Airport pavement rehabilitation. 

Airport layout plan master plan 

update. 

Interactive training and workstation. 


tkelley on DSK3SPTVN1PROD with NOTICES
57214 Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 

Decision Date: September 20, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Linquist, Jackson Airports 

District Office, (601) 664–9893. 

Public Agency: Niagara Frontier 

Transportation Authority, Buffalo, New 

York. 

Application Number: 11–09–C–00– 

BUF. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $1,702,533. 

Earliest Charge Effective Date: June 1, 

2014. 

Estimated Charge Expiration Date: 

August 1, 2014. 

Class of Air Carriers Not Required To 

Collect PFC’s: 

None. 

Brief Description of Projects Approved 

for Collection and Use at Buffalo 

Niagara International Airport (BUF) at a 

$3.00 PFC Level: 

Glycol recovery vehicles. 

Purchase runway broom. 

Brief Description of Projects Approved 

for Collection at BUF and Use at 

Niagara Falls International Airport at a 

$4.50 PFC Level: 

Mill and overlay of runway 10L/28R. 

Runway 06/24 safety area 

improvements. 

Brief Description of Withdrawn 

Projects: 

Noise compatibility program at BUF. 

Glycol treatment project at BUF. 

Runway friction tester at BUF. 

PFC planning and programming 

administration costs. 

Date of Withdrawal: May 3, 2012. 

Decision Date: September 24, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Henn, Eastern Regional Airports 

Division, (718) 553–3357. 

Public Agency: Maryland Department 

of Transportation and Maryland 

Aviation Administration, Baltimore, 

Maryland. 

Application Number: 12–10–C–00– 

BWI. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $341,596,215. 

Earliest Charge Effective Date: April 1, 

2021. 

Estimated Charge Expiration Date: 

March 1, 2028. 

Class of Air Carriers Not Required To 

Collect PFC’s: 

Air taxi/commercial operators filing 

FAA Form 1800–31. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the approved class 

accounts for less than 1 percent of the 

total annual enplanements at BaltimoreWashington International Thurgood 

Marshall Airport. 

Brief Description of Projects Approved 

for Collection and Use at a $4.50 PFC 

Level: 

Property acquisition—runway 

protection zone. 

Obstruction removal—runways 10/28 

and 15R/33L. 

Environmental mitigation—runway 

safety area. 

Runway 210/28 airfield lighting 

improvements. 

Runway 10/28 navigational aids. 

Runway 15R/33L lighting 

improvements. 

Runway 15R/33L pavement 

rehabilitation and standards. 

Taxiway P/runway 15R deicing pad 

pavement rehabilitation. 

Taxiway P/runway 15R deicing pad 

lighting rehabilitation. 

Taxiways serving runway 15R/33L 

(pavement rehabilitation). 

Taxiways serving runway 15R/33L 

(lighting). 

Runway 15R/33L navigational aids. 

Runway 15R/33L flight kitchen 

demolition. 

Runway 15L/33R runway safety area 

improvements. 

Future taxiway P (pavement removal). 

Future taxiway P (taxiway lighting). 

Future taxiway P (pavement 

rehabilitation). 

Taxiway C standards and compliance. 

Brief Description of Projects Partially 

Approved for Collection and Use at a 

$4.50 PFC Level: 

Runway 10/28 runway safety area 

improvements. 

Determination: The approved amount 

was reduced from that requested due to 

the public agency receiving an Airport 

Improvement Program (AIP) grant for 

partial project funding. 

Runway 10/28 rehabilitation and 

standards. 

Determination: The approved amount 

was reduced from that requested due to 

the public agency receiving an AIP grant 

for partial project funding. 

Runway 10/28 AMTRAK catenary 

system modification. 

Determination: The approved amount 

was reduced from that requested due to 

the public agency receiving an AIP grant 

for partial project funding. 

Runway 15R/33L runway safety area 

improvements. 

Determination: The approved amount 

was reduced from that requested due to 

the commitment for partial AIP funding 

for the project. 

Decision Date: September 25, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Jeffery Breeden, Washington Airports 

District Office, (703) 661–1363. 

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 

01–03–C–06–LIT, Little Rock, AR ....................................... 08/30/12 $8,239,062 $8,237,062 07/01/04 07/01/04 

04–04–U–03–LIT, Little Rock, AR ....................................... 08/30/12 NA NA 07/01/04 07/01/04 

11–06–C–01–SDF, Louisville, KY ....................................... 09/04/12 2,123,882 2,479,014 11/01/16 12/01/16 

07–08–C–01–BTM, Butte, MT ............................................. 09/11/12 146,916 58,163 03/01/10 03/01/10 

04–07–C–02–LSE, La Crosse, WI ...................................... 09/17/12 1,439,553 1,426,949 06/01/07 06/01/07 

93–01–C–04–CHA, Chattanooga, TN ................................. 09/19/12 9,013,922 5,943,004 11/01/04 11/01/04 

00–03–C–03–CHA, Chattanooga, TN ................................. 09/19/12 5,752,115 5,980,888 08/01/10 08/01/10 

05–04–C–02–FNL, Fort Collins, CO .................................... 09/20/12 276,130 212,831 03/01/07 03/01/07 

*00–06–C–08–MKE, Milwaukee, WI .................................... 09/25/12 124,348,365 121,356,488 07/01/13 04/01/13 

02–07–C–06–MKE, Milwaukee, WI ..................................... 09/26/12 35,251,806 34,755,919 11/01/15 04/01/15 

Notes: The amendment denoted by an asterisk (*) include a change to the PFC level charged from $3.00 per enplaned passenger to $4.50 

per enplaned passenger. For Milwaukee, WI, this change is effective on November 1, 2012. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 180 / Tuesday, September 17, 2013 / Notices 57215 

1This mission is also referred to as OrbD–1. See 

Letter from Mark A. Wright, Manager, Safety 

Inspection Division AST, to Natalie Imfeld, 

Contracts Manager, Advanced Programs Group 

Orbital Sciences Corporation (August 16, 2013) (on 

file with FAA) (referring to Antares launch of the 

Cygnus payload as ORB–D1 Mission). 

2Space Station—Here we Come! NASA Press 

Release: http://www.nasa.gov/audience/

foreducators/station-here-we-come.html (last 

visited August 16, 2013). 

3Nonreimbursable Space Act Agreement Between 

NanoRacks, LLC and NASA for Operation of the 

NanoRacks System Aboard the International Space 

Station National Laboratory, (Sept. 4 and 9 2009) 

(NanoRacks Agreement), 387938main—SAA— 

SOMD—6355—NanoRacks—ISS—National— 

Lab.pdf. 

4OrbD–1 refers to the COTS Demo mission 

currently scheduled to launch in September on the 

Antares launch vehicle from Wallops. See Letter 

from Mark A. Wright, Manager, Safety Inspection 

Division AST, to Natalie Imfeld, Contracts Manager, 

Advanced Programs Group Orbital Sciences 

Corporation (August 16, 2013) (on file with author) 

(referring to Antares launch of the Cygnus payload 

as ORB–D1 Mission). 

Issued in Washington, DC. on September 4, 

2013. 

Joe Hebert, 

Manager, Financial Analysis and Passenger 

Facility Charge Branch. 

[FR Doc. 2013–22557 Filed 9–16–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Waiver of Requirement To Enter Into a 

Reciprocal Waiver of Claims 

Agreement With All Customers for 

Orbital Sciences Corporation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of waiver. 

SUMMARY: This notice concerns a 

petition for waiver submitted to the 

Federal Aviation Administration (FAA) 

by Orbital Sciences Corporation 

(Orbital) to waive in part the 

requirement that a launch operator enter 

into a reciprocal waiver of claims with 

each customer. The FAA grants the 

petition. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

waiver, contact Charles P. Brinkman, 

Licensing Program Lead, Commercial 

Space Transportation—Licensing and 

Evaluation Division, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–7715; email: 

Phil.Brinkman@faa.gov. For legal 

questions concerning this waiver, 

contact Sabrina Jawed, AttorneyAdviser, Space Law Branch, AGC–250, 

Office of the Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–8839; email: 

Sabrina.Jawed@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 8, 2013, Orbital submitted 

a petition to the FAA’s Office of 

Commercial Space Transportation (AST) 

requesting a waiver under its launch 

license for flight of an Antares launch 

vehicle carrying Orbital’s Cygnus 

module.1 Orbital requested a partial 

waiver of 14 CFR 440.17, which requires 

a licensee to enter into a reciprocal 

waiver of claims (a ‘‘cross-waiver’’) with 

each of its customers. 

The FAA licenses the launch of a 

launch vehicle and reentry of a reentry 

vehicle under authority granted to the 

Secretary of Transportation by the 

Commercial Space Launch Act of 1984, 

as amended and re-codified by 51 U.S.C. 

Subtitle V, chapter 509 (Chapter 509), 

and delegated to the FAA Administrator 

and the Associate Administrator for 

Commercial Space Transportation, who 

exercises licensing authority under 

Chapter 509. 

The petition for waiver applies to 

Orbital’s September 2013 launch of an 

Antares launch vehicle and Orbital’s 

Cygnus pressurized cargo module to be 

used in the delivery of cargo to the 

International Space Station (ISS). The 

Cygnus cargo module will carry cargo 

for NASA to resupply the ISS. In 

addition to the ISS supplies, the Antares 

may also carry other payloads whose 

transport NASA has arranged as part of 

the Johnson Space Center cargo. These 

consist of a NanoRacks, LLC, and 

NanoRacks locker insert and student 

experiments created under NASA’s 

Student Spaceflight Experiments 

Program (SSEP). NASA describes SSEP 

as a national science, technology, 

engineering, and mathematics education 

initiative.2 According to its Space Act 

Agreement with NASA,3 NanoRacks 

arranges to carry the student 

experiments on a locker insert to put 

into an experimental locker on board 

the ISS. The Space Act Agreement states 

that NASA will provide on-orbit 

resources and limited launch 

opportunities to NanoRacks for the 

launch of its insert and the experiments 

the insert carries. Orbital provided the 

FAA, along with its petition for waiver, 

a letter signed by Christopher Cummins, 

Chief Operating Officer of NanoRacks, 

stating that NanoRacks will not have 

any personnel at the launch site for the 

OrbD–1 4 launch, which is the launch 

that is the subject of this waiver. 

NanoRacks and each student who 

places a payload on board the 

NanoRacks insert qualify as customers 

under the FAA’s definitions. Section 

440.3 defines a customer, in relevant 

part, as any person with rights in the 

payload or any part of the payload, or 

any person who has placed property on 

board the payload for launch, reentry, or 

payload services. A person is an 

individual or an entity organized or 

existing under the laws of a State or 

country. 51 U.S.C. 50901(12), 14 CFR 

401.5. The subjects of this waiver are 

persons because the students are 

individuals and NanoRacks is an entity, 

a limited liability corporation. 

Accordingly, because NanoRacks and 

the students are persons who have 

rights in their respective payloads, the 

locker insert and the experiments, due 

to their ownership of those objects, and 

because they have placed property on 

board, they are customers. Section 

440.17 requires their signatures as 

customers. 

In this instance, however, NanoRacks 

and the students are also subject to a 

NASA reciprocal waivers of claims, a 

cross-waiver, which is governed by 

NASA’s regulations at 14 CFR part 1266. 

Article 8 of the Space Act Agreement 

between NASA and NanoRacks governs 

liability and risk of loss and establishes 

a cross-waiver of liability. 

Other than the NanoRacks and SSEP 

customers, all other customers as 

defined by 14 CFR 440.3 will execute 

the cross-waivers required by 14 CFR 

440.17. The cross-waivers among 

Orbital and all customers, other than 

NanoRacks and SSEP customers, are 

amended to provide that signing 

customers waive claims against any 

other customer as defined by 14 CFR 

440.3. The petition for partial waiver of 

the requirement that the licensee 

implement a cross-waiver with each 

customer applies to NanoRacks and the 

SSEP customers as customers of the 

September 2013 launch of the Antares 

launch vehicle carrying the Cygnus 

module. 

Waiver Criteria 

Chapter 509 allows the FAA to waive 

a license requirement if the waiver (1) 

will not jeopardize public health and 

safety, safety of property; (2) will not 

jeopardize national security and foreign 

policy interests of the United States; and 

(3) will be in the public interest. 51 

U.S.C. 50905(b)(3) (2013); 14 CFR 

404.5(b) (2013). 


tkelley on DSK3SPTVN1PROD with NOTICES