### 10429 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Notices

**DEPARTMENT OF TRANSPORTATION**

**Office of the Secretary**

**Notice of Applications for Certificates of Public Convenience and Necessity**  **and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q)**  **During the Week Ending February 12, 2011** 

The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under subpart B (formerly subpart Q) of the Department of Transportation’s Procedural Regulations ( See 14 CFR 301.201 et
seq. ). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.

Docket Number: DOT–OST–2011–
0024.

Date Filed: February 9, 2011. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: March 2, 2011.

Description: Application of Marceco, Ltd requesting a certificate of public convenience and necessity authorizing interstate charter air transportation.

Docket Number: DOT–OST–2011–
0026.

Date Filed: February 9, 2011. Due Date for Answers, Conforming Applications, or Motion to Modify Scope: March 2, 2011.

Description: Application of 2106701 Ontario Inc. DBA NovaJet requesting an exemption and a foreign air carrier permit to engage in non-scheduled charter flights in foreign air transportation of persons, property and mail: (1) Between any points in Canada and any points in the United States; (2) between any point or points in the United States and any point or points in a third country or countries, provided that, except with respect to cargo charters, such services constitutes part of a continuous operations, with or without a change of aircraft, that includes service to Canada for the purpose of carrying local traffic between Canada and the United States; and (3) other charter operations.

Renee V. Wright, Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2011–4116 Filed 2–23–11; 8:45 am]

**BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**[Summary Notice No. PE–2011–08]**

**Petition for Exemption; Summary of Petition Received** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of petition for exemption received.

**SUMMARY :**  This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

**DATES :**  Comments on this petition must identify the petition docket number involved and must be received on or before March 7, 2011.

**ADDRESSES :**  You may send comments identified by Docket Number FAA– 2010–0134 using any of the following methods:

• Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.

• Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC
20590.

• Fax: Fax comments to the Docket Management Facility at 202–493–2251.

• Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc. ). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78).

Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Keira Jones, 202–267–4025, or Tyneka L. Thomas, 202–267–7626, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591.

This notice is published pursuant to 14 CFR 11.85.

Issued in Washington, DC, on February 17,
2011. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption

Docket No.: FAA–2010–0134. Petitioner: Al’s Aerial Spraying. Section of 14 CFR Affected: § 137.51. Description of Relief Sought

Al’s Aerial Spraying, LLC., is petitioning for reconsideration of denial. The exemption, if granted, would allowAl’s Aerial Spraying to utilize a singleengine Pratt & Whitney PT–6 turboprop powered Air Tractor aircraft to make turnarounds over congested areas in a loaded configuration.

The petitioner submitted additional information to support their request for reconsideration. This additional information was submitted via phone conversation and in letter form. The petitioner had a conversation with the FAA on January 6, 2011, and also sent a letter to the FAA, which was received on January 18, 2011. Both the Record of Conversation from the phone call and the information submitted by letter are included in the public docket.

[FR Doc. 2011–4101 Filed 2–23–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**[Summary Notice No. PE–2011–09]**

**Petition for Exemption; Summary of Petition Received** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Notice of petition for exemption received.

**SUMMARY :**  This notice contains a summary of a petition seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and


### 10430 Federal Register / Vol. 76, No. 37 / Thursday, February 24, 2011 / Notices

1 BNSF states that the trackage rights being granted here are only temporary rights, but, because participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

**DATE :**  Comments on this petition must identify the petition docket number involved and must be received on or before March 7, 2011.

**ADDRESSES :**  You may send comments identified by Docket Number FAA– 2011–0049 using any of the following methods:

• Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically.

• Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC
20590.

• Fax: Fax comments to the Docket Management Facility at 202–493–2251.

• Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Privacy: We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc. ). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78).

Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Keira Jones (202) 267–4025, Tyneka Thomas (202) 267–7626 or David Staples (202) 267–4058, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591.

This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on February 17,
2011. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption

Docket No.: FAA–2011–0049. Petitioner: Pinnacle Airlines, Inc. Section of 14 CFR Affected: 14 CFR 120.109(a)(1), (b), 120.115(c), 120.217(c), 120.223(a)(1), and 120.223(a)(1)(i). Description of Relief Sought

Pinnacle seeks relief from conducting pre-employment testing, training, and the drug and alcohol records check for 1,000 safety-sensitive employees they plan to hire from Mesaba Aviation, Inc. d.b.a. Mesaba Airlines (Mesaba) following a transfer of assets. Pinnacle contends that both airlines have been operating safely under the listed regulations, and an exemption from these regulations would not affect safety and would be in the public interest.

[FR Doc. 2011–4102 Filed 2–23–11; 8:45 am]

**BILLING CODE 4910–13–P**

**DEPARTMENT OF TRANSPORTATION**

**Surface Transportation Board**

**[Docket No. EP 558 (Sub-No. 14)]**

**Railroad Cost of Capital—2010**

**AGENCY :**  Surface Transportation Board.

**ACTION :**  Notice of decision instituting a proceeding to determine the railroad industry’s 2010 cost of capital.

**SUMMARY :**  The Board is instituting a proceeding to determine the railroad industry’s cost of capital for 2010. The decision solicits comments on the following issues: (1) The railroads’ 2010 current cost of debt capital; (2) the railroads’ 2010 current cost of preferred equity capital (if any); (3) the railroads’ 2010 cost of common equity capital; and (4) the 2010 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in Railroad Cost of Capital—2009, EP 558 (Sub–No. 13) (STB served Oct. 29, 2010).

**DATES :**  Notices of intent to participate are due by March 8, 2011. Statements of the railroads are due by April 29, 2011. Statements of other interested persons are due by May 19, 2011. Rebuttal statements by the railroads are due by June 8, 2011.

**ADDRESSES :**  Comments may be submitted either via the Board’s e-filing system or in the traditional paper format. Any person using e-filing should comply with the instructions at the E– FILING link on the Board’s Web site, at http://www.stb.dot.gov. Any person submitting a filing in the traditional paper format should send an original and 10 copies to: Surface Transportation Board, Attn: Docket No. EP 558 (Sub– No. 14), 395 E Street, SW., Washington, DC 20423–0001.

**FOR FURTHER INFORMATION CONTACT :**  Pedro Ramirez at (202) 245–0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at (800) 877–8339.

**SUPPLEMENTARY INFORMATION :**  The Board’s decision is posted on the Board’s Web site, http:// www.stb.dot.gov. Copies of the decision may be purchased by contacting the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245–0236. Assistance for the hearing impaired is available through FIRS at (800) 877–8339.

This action will not significantly affect either the quality of the human environment of the conservation of
energy resources.

Authority: 49 U.S.C. 10704(a). Decided: February 18, 2011. By the Board, Chairman Elliott, Vice Chairman Nottingham, and Commissioner Mulvey. Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2011–4157 Filed 2–23–11; 8:45 am]

**BILLING CODE 4915–01–P**

**DEPARTMENT OF TRANSPORTATION**

**Surface Transportation Board**

**[Docket No. FD 35466]**

**BNSF Railway Company—Temporary Trackage Rights Exemption—Union**  **Pacific Railroad Company**

Pursuant to a written trackage rights agreement dated January 25, 2011, Union Pacific Railroad Company (UP) has agreed to grant local trackage rights to BNSF Railway Company (BNSF) over UP lines extending between: (1) UP milepost 93.2 at Stockton, Cal., on UP’s Oakland Subdivision, and UP milepost 219.4 at Elsey, Cal., on UP’s Canyon Subdivision, a distance of approximately 126.2 miles; and (2) UP milepost 219.4 at Elsey, Cal., and UP milepost 280.7 at Keddie, Cal., on UP’s Canyon Subdivision, a distance of 61.3 miles. 1