21150 Federal Register / Vol. 77, No. 68 / Monday, April 9, 2012 / Notices 

limited to no more than two years except 

under special circumstances (e.g., new 

entrants). 

The air carrier incentive program was 

never intended to be a maximum 

sustainable market growth-incentive 

program where airlines would be 

incentivized to test the limits of a 

markets demands. Rather the program 

was offered to airports to encourage 

airlines to test new markets and offer 

passengers more travel options and in 

turn promote more travel using the 

airport. The limits on allowable 

incentive periods have been vetted by 

FAA and deemed reasonable timeframes 

for airlines to assess the demand for a 

‘‘new service’’ and evaluate the 

sustainability to continue that service 

without incentives in accordance with 

existing policy, grant assurance 

obligations, and statute. 

III. Conclusion 

Incentive programs must walk the fine 

line between allowing sponsors the 

ability to enhance the viability of new 

service through temporary incentives 

and simply buying increased use of the 

airport. The air carrier incentive 

program, as currently constituted, 

ensures properly structured programs 

will meet the goals for which an air 

carrier incentive program is allowed. 

FAA has viewed the CCDOAs petition 

in order to ensure its proposal will meet 

the same goals. As such, FAA agrees 

that, with certain conditions in place, 

incentive programs may include 

opportunities for air carriers to upgauge 

existing service. The conditions must 

require flight schedules are not 

contracted while allowing airlines to 

receive proportional credit for 

upgauging existing flight(s) to targeted 

market(s) within the schedule to 

provide more capacity. 

While FAA agrees to expand its 

interpretation of ‘‘new service’’ to 

include upgauging with stated 

parameters as an accepted form of new 

service, the onus to create an incentive 

program that is not unjustly 

discriminatory must be borne by the 

sponsor responsible for the airportspecific air carrier incentive program. 

The conditions included within this 

notice are guidance. 

All existing guidance not addressed 

herein remains applicable. FAA 

reminds airport sponsors: Incentives 

must not be offered in an unjustly 

discriminatory manner; incentives must 

be applied similarly to similarly 

situated carriers participating in 

incentive programs; new entrants are 

deemed similarly situated to 

incumbents after one year; and 

additional incentives for incumbents are 

limited to one year in accordance with 

past guidance. 

Issued in Washington, DC on April 3, 2012. 

Randall Fiertz, 

Director, Airport Compliance and 

Management Analysis. 

[FR Doc. 2012–8399 Filed 4–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2012 0048] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel 

ASPIRE; Invitation for Public 

Comments 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

May 9, 2012. 

ADDRESSES: Comments should refer to 

docket number MARAD–2012–0048. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

Federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979, Email Joann.Spittle@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel ASPIRE is: 

Intended Commercial Use of Vessel: 

‘‘Six pack charter for sport fishing.’’ 

Geographic Region: ‘‘Washington, 

Oregon, California.’’ The complete 

application is given in DOT docket 

MARAD–2012–0048 at http:// 

www.regulations.gov. Interested parties 

may comment on the effect this action 

may have on U.S. vessel builders or 

businesses in the U.S. that use U.S.-flag 

vessels. If MARAD determines, in 

accordance with 46 U.S.C. 12121 and 

MARAD’s regulations at 46 CFR part 

388, that the issuance of the waiver will 

have an unduly adverse effect on a U.S.- 

vessel builder or a business that uses 

U.S.-flag vessels in that business, a 

waiver will not be granted. Comments 

should refer to the docket number of 

this notice and the vessel name in order 

for MARAD to properly consider the 

comments. Comments should also state 

the commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR Part 388. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

By Order of the Maritime Administrator. 

Dated: April 2, 2012. 

Julie P. Agarwal, 

Secretary, Maritime Administration. 

[FR Doc. 2012–8454 Filed 4–6–12; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD 2012 0047] 

Requested Administrative Waiver of 

the Coastwise Trade Laws: Vessel SIR 

MARTIN II; Invitation for Public 

Comments 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 


pmangrum on DSK3VPTVN1PROD with NOTICES