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[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58208-58209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22980]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2009-1144]

Airport Privatization Pilot Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of receipt of application: Commencement of public review 
and comment period; notice of public meeting.

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SUMMARY: The Federal Aviation Administration (FAA) received the final 
application from the Puerto Rico Ports Authority and Puerto Rico 
Public-Private Partnerships Authority for the participation of Luis 
Mu[ntilde]oz Mar[iacute]n International Airport, San Juan, Puerto Rico 
(SJU) in the Airport Privatization Pilot Program and has determined 
that the final application is substantially complete and accepted for 
review. The FAA is seeking information and comments from interested 
parties on the final application. In furtherance of this effort, the 
Department of Transportation (DOT), the Federal Aviation Administration 
and the Transportation Security Administration will conduct a public 
meeting on Friday, September 28, 2012, in San Juan, Puerto Rico.
    Title 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 requirement 
for up to five airport privatization projects. The FAA Modernization 
and Reform Act of 2012 expanded the pilot program from five to ten 
airports. The application procedures require the FAA to publish a 
notice of receipt of the final application in the Federal Register and 
accept public comment on the final application for a period of 60 days.

DATES: Comments must be received by November 19, 2012. Comments that 
are received after that date will be considered only to the extent 
possible.

Comments Invited

    On Friday, September 28, 2012, beginning at 8 a.m., the Department 
of Transportation, Federal Aviation Administration will conduct a 
public meeting to receive oral comments about the Luis Mu[ntilde]oz 
Mar[iacute]n International Airport final application; the 
Transportation Security Administration will also participate.

ADDRESSES: The meeting will be held at: Verdanza Hotel, 8020 Tartak 
Street, Isla Verde, Puerto Rico 00979, 1-787-253-9000.
    The purpose of the public meeting is to receive comments from 
airport users and employees, airlines, aviation businesses and airport 
tenants, elected officials and community residents about the concerns, 
advantages or disadvantages of transferring the airport to a private 
operator. The Federal panel will begin accepting comments at:

------------------------------------------------------------------------
                Schedule                          Group category
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0800-0900...............................  Airport Officials
0900-1000...............................  Government Officials
1000-1100...............................  Airport Employees
1100-1200...............................  Airport Businesses
1:30 p.m.-3 p.m.........................  General Aviation
3 p.m.-5 p.m............................  General Public
------------------------------------------------------------------------

    Individuals wishing to address the Federal panel are limited to a 
five minute presentation. Those individuals needing more time can put 
their additional comments in writing and submit to the FAA the day of 
the listening session or submit at a later time to the below named 
addresses.

Advance Registration

    Individuals wanting to address the Federal panel are strongly 
encouraged to pre-register by emailing their name, affiliation and 
applicable group category to LMN-publicmeeting@faa.gov. Advance 
registration will close Wednesday, September 26 at 5.p.m.

On-Site Registration

    On-site registration will begin 7:30 a.m. and close at 12 noon. All 
testimony will be completed no later than 6 p.m.

Comments

    You may also send written comments by any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically. Docket Number: FAA 2009-1144.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington DC 20590-0001.
     Hand Delivery: Deliver to mail address above between 9 
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251
    Identify all transmission with ``Docket Number FAA 2009-1144'' at 
the beginning of the document.

Examining the Application

    The final application has been filed under Docket Number FAA-2009-
1144. You may examine the final application on the Internet at: http://www.regulations.gov or on the FAA's Web site www.faa.gov or in person 
at the Docket Operations office between 9 a.m. and 5 p.m. EST, Monday 
through Friday, except Federal holidays. The Docket Operations Office 
(800-647-5527) is located at the U.S. Department of Transportation, 
1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, 
Washington DC 20590-0001. The Docket contains the preliminary and final 
application, the agreements, any comments received and other 
information. The Puerto Rico Ports Authority (PRPA) has also made 
copies of the final application available at the following location:

[[Page 58209]]

English Translation

    Puerto Rico Department of State, One-Stop Service Center, Corner of 
San Jos[eacute] Street and San Francisco Street, Diputacion Provincial 
Building, Old San Juan, Puerto Rico.

Spanish Translation

    Department de Estado de Puerto Rico, Centro [Uacute]nico de 
Servicio, Edificio Diputaci[oacute]n Provincial, Viejo San Juan, Puerto 
Rico.

FOR FURTHER INFORMATION CONTACT: Carlee Cellar, Airport Compliance 
Specialist, Airport Compliance Division, ACO-100, Office of Airport 
Compliance and Management Analysis, Federal Aviation Administration, 
800 Independence Ave. SW., Washington, DC 20591. Telephone 202-267-
3187.

SUPPLEMENTARY INFORMATION: Title 49 of the U.S. Code 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 party. Specifically, the Administrator may exempt the sponsor 
from all or part of the requirements to use airport revenues for 
airport-related purposes, 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 
requirements 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.
    On September 16, 1997, the Federal Aviation Administration issued a 
notice of procedures to be used in applications for exemption under 
Airport Privatization Pilot Program (Notice of final application 
procedures for the Airport Privatization Pilot program: Application 
Procedures, 62 Federal Register 48693-48708 (September 16, 1997) 
(Notice) (as modified, 62 FR 63211, Nov. 26, 1997). A request for 
participation in the Pilot Program must be initiated by the filing of 
either a preliminary or final application for exemption with the 
Federal Aviation Administration.
    The Puerto Rico Ports Authority and Puerto Rico Public-Private 
Partnerships Authority submitted a preliminary application to the 
Airport Privatization Pilot Program for Luis Mu[ntilde]oz Mar[iacute]n 
International Airport on December 1, 2009, the filing date of the 
preliminary application. On December 22, 2009, the Federal Aviation 
Administration advised the Puerto Rico Ports Authority and Puerto Rico 
Public-Private Partnerships Authority that the agency accepted the 
application for review and that they may select a private operator, 
negotiate an agreement and submit a final application. The preliminary 
application is posted on http://www.regulations.gov in Docket Number 
FAA 2009-1144 and is available for public review.
    On September 10, 2012, the Puerto Rico Ports Authority and Puerto 
Rico Public-Private Partnerships Authority filed its final application. 
The Puerto Rico Ports Authority and Puerto Rico Public-Private 
Partnerships Authority selected Aerostar Airport Holdings, LLC, 
(AEROSTAR) to operate the Airport under a 40-year lease. The Puerto 
Rico Ports Authority will receive $615 million upon signing the lease 
and annual revenue payments over the life of the lease. In the final 
application, the Puerto Rico Ports Authority requested an exemption 
under 49 U.S.C. 47134(b)(1) to permit the Puerto Rico Ports Authority 
to use revenue from the lease of airport property for non-airport 
purposes and under 49 U.S.C. 47134(b)(2) to forego the repayment of 
Federal grants; and AEROSTAR asked for an exemption under 49 U.S.C. 
47134(b)(3) to permit them to earn compensation from the operation of 
the airport.
    The purpose of the public meeting scheduled for September 28, 2012, 
is to accept oral comments on the Luis Mu[ntilde]oz Mar[iacute]n 
International Airport final application, for inclusion in Docket Number 
FAA 2009-1144. The meeting will be recorded by a court reporter. A 
transcript of the meeting and any material accepted by the panel during 
the meeting will be included in the public docket posted on http://www.regulations.gov. The Federal panel will not be able to discuss the 
application or the pending agency decision because the final 
application is presently before the agency for a decision. Spanish/
English translation will be made available at the meeting. Sign and 
oral interpretation can be made available at the meeting, if requested 
10 calendar days before the meeting.
    As part of its review of the final application, the FAA will 
consider all comments, written and oral, that are submitted by 
interested parties during the 60-day comment period for this notice.

    Issued in Washington, DC, on September 11, 2012.
Randall Fiertz,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2012-22980 Filed 9-17-12; 4:15 pm]
BILLING CODE 4910-13-P
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