[Federal Register Volume 62, Number 241 (Tuesday, December 16, 1997)]
[Notices]
[Page 65845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32773]



[[Page 65845]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration
[Docket No. 29088]


Airport Privatization Pilot Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of acceptance for review: Preliminary application for 
Stewart International Airport, Newburgh, New York.

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SUMMARY: The Federal Aviation Administration (FAA) has completed its 
review of the Stewart International Airport (SWF) preliminary 
application for participation in the airport privatization pilot 
program. The preliminary application is accepted for review, with a 
filing date of October 23, 1997. The New York State Department of 
Transportation (NYSDOT), the airport sponsor, may select a private 
operator, negotiate an agreement and submit a final application to the 
FAA for exemption under the pilot program.
    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 publish a notice in the Federal Register 
after review of a preliminary application. The FAA must publish a final 
application in the Federal Register for public review and comment for a 
sixty day period. The SWF preliminary application 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 20591.

FOR FURTHER INFORMATION CONTACT:
Benedict D. Castellano, Manager, (202-267-8728) or Kevin C. Willis 
(202-267-8741) Airport Safety and Compliance Branch, AAS-310, 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), adds a new Sec. 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 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 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.
    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 (62 FR 48693). That notice, and 
public comments received on a notice of proposed procedures issued in 
April 1997, are available for review in FAA Rules Docket No. 28895. 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 FAA.
    Final and preliminary applications were not accepted before 
December 1, 1997, unless an applicant has issued a request for proposal 
(RFP) on or before the date of the notice, September 16, 1997. 
Applicants that had already issued a RFP for proposals for the sale or 
lease of the airport on or before September 16, 1997 and had selected a 
private operator could submit a final application for review before 
December 1, 1997. Applicants that had issued the RFP but had not 
selected a private operator could file a preliminary application on or 
before December 1, 1997.
    NYSDOT issued its RFP on June 19, 1997, for Stewart International 
Airport, Newburgh, New York and has not selected a private operator. It 
was, therefore qualified to submit a preliminary application prior to 
December 1, 1997. The filing date of the NYSDOT preliminary application 
is October 23, 1997, the date the preliminary application was received 
by the FAA. NYSDOT may select a private operator, negotiate an 
agreement and submit a final application to the FAA for exemption.
    When a final application is reviewed by the FAA, a notice that the 
application is available for review will be published in the Federal 
Register, with a sixty day comment period.

    Issued in Washington, DC on December 9, 1997.
Susan L. Kurland,
Associate Administrator for Airports.
[FR Doc. 97-32773 Filed 12-15-97; 8:45 am]
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