Notice of Extension for Filing Comments; Request by Hawaiian Airlines for Declaratory Order Concerning Hawaiian's American Samoa Service, 54325-54326 [06-7645]

Download as PDF Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices change is consistent with the Act. Comments may be submitted by any of the following methods: DEPARTMENT OF STATE DEPARTMENT OF TRANSPORTATION [Public Notice 5545] Office of the Secretary [Docket OST–2006–25612] Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–MSRB–2006–07 on the subject line. Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Royal Collections’’ rwilkins on PROD1PC63 with NOTICES SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Paper Comments Restructuring Act of 1998 (112 Stat. • Send paper comments in triplicate 2681, et seq.; 22 U.S.C. 6501 note, et to Nancy M. Morris, Secretary, seq.), Delegation of Authority No. 234 of Securities and Exchange Commission, October 1, 1999, Delegation of Authority Station Place, 100 F Street, NE., No. 236 of October 19, 1999, as Washington, DC 20549–1090. amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], All submissions should refer to File I hereby determine that the objects to be Number SR–MSRB–2006–07. This file included in the exhibition ‘‘Royal number should be included on the subject line if e-mail is used. To help the Collections,’’ imported from abroad for temporary exhibition within the United Commission process and review your States, are of cultural significance. The comments more efficiently, please use only one method. The Commission will objects are imported pursuant to a loan post all comments on the Commission’s agreement with the foreign owner or custodian. I also determine that the Internet Web site (https://www.sec.gov/ exhibition or display of the exhibit rules/sro.shtml). Copies of the objects at the High Museum of Art, submission, all subsequent Atlanta, Georgia, from on or about amendments, all written statements October 14, 2006, until on or about with respect to the proposed rule September 2, 2007, at the Denver Art change that are filed with the Museum, Denver, Colorado, beginning Commission, and all written on or about October 13, 2007, until on communications relating to the or about January 8, 2008, and at possible proposed rule change between the Commission and any person, other than additional venues yet to be determined, is in the national interest. Public Notice those that may be withheld from the of these Determinations is ordered to be public in accordance with the published in the Federal Register. provisions of 5 U.S.C. 552, will be available for inspection and copying in FOR FURTHER INFORMATION CONTACT: For the Commission’s Public Reference further information, including a list of Room. Copies of such filing also will be the exhibit objects, contact Wolodymyr available for inspection and copying at Sulzynsky, Attorney-Adviser, Office of the MSRB’s offices. All comments the Legal Adviser, U.S. Department of received will be posted without change; State (telephone: 202/453–8050). The the Commission does not edit personal address is U.S. Department of State, SA– identifying information from 44, 301 4th Street, SW., Room 700, submissions. You should submit only Washington, DC 20547–0001. information that you wish to make Dated: September 1, 2006. available publicly. All submissions C. Miller Crouch, should refer to File Number SR–MSRB– 2006–07 and should be submitted on or Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department before October 5, 2006. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.11 J. Lynn Taylor, Assistant Secretary. [FR Doc. E6–15230 Filed 9–13–06; 8:45 am] of State. [FR Doc. E6–15259 Filed 9–13–06; 8:45 am] BILLING CODE 4710–05–P BILLING CODE 8010–01–P 11 17 CFR 200.30–3(a)(12). VerDate Aug<31>2005 20:23 Sep 13, 2006 54325 Jkt 208001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Notice of Extension for Filing Comments; Request by Hawaiian Airlines for Declaratory Order Concerning Hawaiian’s American Samoa Service Office of the Secretary, Department of Transportation. SUMMARY: The Department is changing the due dates for comments and reply comments on the legal and policy questions presented by a petition submitted by Hawaiian Airlines for a declaratory order regarding an Executive Order issued by the Honorable Togiola T.A. Tulafono, the Governor of American Samoa. The Governor’s order proposes to block Hawaiian from continuing to serve American Samoa if another airline replaces Hawaiian’s service between Honolulu and Pago Pago. Comments will now be due October 31, and reply comments will be due November 21, 2006. DATES: Comments must be submitted on or before October 31, 2006. Replies must be filed by November 21, 2006. ADDRESSES: Objections and answers to objections must be filed in Docket number OST–2006–25612 by one of the following means: (1) By mail to the Docket Management Facility, U.S. Department of Transportation, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590–0001. (2) By hand delivery to Room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366– 9329. (3) Electronically through the Web site for the Docket Management System at https://dms.dot.gov. Comments must be filed in Docket OST–2006–25612. FOR FURTHER INFORMATION CONTACT: Thomas Ray, Office of the General Counsel (C–30, Room 4102), U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590, (202) 366–4731, or Nancy Kessler, Office of the General Counsel (C–10, Room 10102), U.S. Department of Transportation, 400 Seventh St., SW., Washington, DC 20590, (202) 366–9301. SUPPLEMENTARY INFORMATION: On August 10, 2006, Hawaiian Airlines, the only airline currently providing scheduled passenger service between American Samoa and another U.S. State or territory, filed a petition asking for a AGENCY: E:\FR\FM\14SEN1.SGM 14SEN1 rwilkins on PROD1PC63 with NOTICES 54326 Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Notices declaratory order regarding an Executive Order issued by the Honorable Togiola T.A. Tulafono, the Governor of American Samoa, that proposed to block Hawaiian from continuing to serve American Samoa. Governor Tulafono has been dissatisfied with the quality and price of Hawaiian’s service. His executive order, issued July 26, 2006, stated that American Samoa intends to find another airline to replace Hawaiian’s service and that he will issue a second executive order barring Hawaiian from continuing to operate to American Samoa when another airline is ready to replace Hawaiian’s service between Pago Pago and Honolulu. Hawaiian’s petition, filed in Docket OST–2006–25612, contends that the Governor may not lawfully block Hawaiian from serving the HonoluluPago Pago market. Hawaiian’s petition thus presents the question of whether Federal law will allow the Governor to take the action proposed by his Executive Order, or will prohibit him from doing so. Because we were unwilling to rule on Hawaiian’s petition without making sure that American Samoa had a full opportunity to respond to the petition, and because no one submitted comments in response to Hawaiian’s petition, we published a notice inviting American Samoa and all other interested persons to submit comments on the petition. Comments were due September 15, and reply comments were due September 22, 2006. 71 FR 52205 (September 1, 2006). On August 30, the Governor of American Samoa sent a letter to Susan McDermott, the Deputy Assistant Secretary for Aviation and International Affairs, requesting that at least sixty days, and preferably ninety days, be allowed for submitting comments on Hawaiian’s petition. The Governor stated that the issues presented by Hawaiian’s petition could not be adequately addressed within a fourteenday comment period. He suggested that the comment period in this proceeding should reflect the procedures used in rulemaking proceedings, where sixtyday comment periods are common. We have placed a copy of the Governor’s letter in the docket for this proceeding and sent a copy to Hawaiian. Hawaiian states that it does not object to a sixtyday comment period. We will establish a comment period of sixty days, as the Governor has requested. Comments therefore will be due sixty days after the September 1 publication of our initial Federal Register notice. This will give the parties ample time for preparing their responses to Hawaiian’s petition. We VerDate Aug<31>2005 20:23 Sep 13, 2006 Jkt 208001 will also give parties two additional weeks for filing reply comments. The parties’ submissions thus far suggest that we should provide some guidance on the procedural requirements for this proceeding. Because Hawaiian is requesting a declaratory order regarding its individual dispute with the Governor, this proceeding is an adjudication, not a rulemaking. As such, it is subject to our rules for adjudicatory proceedings where no oral evidentiary hearing is held, 14 CFR 302.1 through 302.15. In adjudications, fundamental principles of fairness require that each party must serve the other parties whenever it submits its views to us on substantive or procedural issues. As a result, Hawaiian, the Governor, and the other parties must send all of their future filings directly to the docket for this proceeding and must simultaneously serve the other parties (at this time, the parties consist of Hawaiian and the Governor). While we sent a copy of Hawaiian’s petition to the Governor and then forwarded the Governor’s request for more time to Hawaiian, in the future each party is responsible for ensuring that it has sent a copy of any written request or pleading to the other parties. Dated: September 8, 2006. Michael W. Reynolds, Acting Assistant Secretary for Aviation and International Affairs. [FR Doc. 06–7645 Filed 9–13–06; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Request To Release Airport Land at Banning Municipal Airport, Banning, CA Federal Aviation Administration, Department of Transportation. ACTION: Notice of request to release airport land. AGENCY: SUMMARY: The Federal Aviation Administration (FAA) proposes to rule and invites public comment on the release of the City of Banning from the conditions contained in applicable grant agreements with the United States for approximately 20 acres of undeveloped airport land obligated for airport purposes at Banning Municipal Airport, Banning, California, and which is not needed for airport purposes. The parcel will be sold at its fair market value and redeveloped for commercial purposes, which are compatible with the airport. The City of Banning County will use the PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 sale proceeds for eligible airport improvements, which will provide a benefit to the airport and civil aviation. DATES: Comments must be received on or before October 16, 2006. ADDRESSES: Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Federal Aviation Administration, Airports Division, Federal Register Comment, 15000 Aviation Blvd., Lawndale, CA 90261. In addition, one copy of any comments submitted to the FAA must be mailed to Mr. Owen Carder, Airport Manager, City of Banning, P.O. Box 998, Banning, CA 92220–0998. FOR FURTHER INFORMATION CONTACT: Tony Garcia, Airports Compliance Specialist, Airports Division, Federal Aviation Administration, 15000 Aviation Blvd., Lawndale, CA 90261, telephone (310) 725–3634, and fax (310) 725–6849. For airport-specific information regarding the release, contact Mr. Owen Carder, Airport Manager, Banning Municipal Airport at the address above or telephone (951) 922–3291. SUPPLEMENTARY INFORMATION: In accordance with the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR 21), Public Law 10–181 (Apr. 5, 2000; 114 Stat. 61), this notice must be published in the Federal Register 30 days before the Secretary of Transportation may waive any condition imposed on a federally obligated airport by the assurances in grant agreements. Brief Overview of the Request The City of Banning requested a release from the conditions and restrictions in applicable grant agreements with the United States for approximately 20 acres of undeveloped airport land obligated for airport purposes at Banning Municipal Airport, Banning, California. The 20-acre parcel is not being used for airport purposes and is not needed for future airport development. The land is located on the south side of the airport and is separated from the developed area on the west side of the airport. The parcel was acquired with an Airport Improvement Grant in September 1983. The property has remained vacant and undeveloped since its acquisition. It has been determined that the property will not be used for airport development and is, therefore, not needed for airport purposes. In accordance with Assurance 31, Disposal of Land, land that was acquired with a grant for airport development will be disposed of at fair market value when the land is no longer E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 71, Number 178 (Thursday, September 14, 2006)]
[Notices]
[Pages 54325-54326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7645]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket OST-2006-25612]


Notice of Extension for Filing Comments; Request by Hawaiian 
Airlines for Declaratory Order Concerning Hawaiian's American Samoa 
Service

AGENCY: Office of the Secretary, Department of Transportation.

SUMMARY: The Department is changing the due dates for comments and 
reply comments on the legal and policy questions presented by a 
petition submitted by Hawaiian Airlines for a declaratory order 
regarding an Executive Order issued by the Honorable Togiola T.A. 
Tulafono, the Governor of American Samoa. The Governor's order proposes 
to block Hawaiian from continuing to serve American Samoa if another 
airline replaces Hawaiian's service between Honolulu and Pago Pago. 
Comments will now be due October 31, and reply comments will be due 
November 21, 2006.

DATES: Comments must be submitted on or before October 31, 2006. 
Replies must be filed by November 21, 2006.

ADDRESSES: Objections and answers to objections must be filed in Docket 
number OST-2006-25612 by one of the following means:
    (1) By mail to the Docket Management Facility, U.S. Department of 
Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 
20590-0001.
    (2) By hand delivery to Room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) Electronically through the Web site for the Docket Management 
System at https://dms.dot.gov. Comments must be filed in Docket OST-
2006-25612.

FOR FURTHER INFORMATION CONTACT: Thomas Ray, Office of the General 
Counsel (C-30, Room 4102), U.S. Department of Transportation, 400 
Seventh St., SW., Washington, DC 20590, (202) 366-4731, or Nancy 
Kessler, Office of the General Counsel (C-10, Room 10102), U.S. 
Department of Transportation, 400 Seventh St., SW., Washington, DC 
20590, (202) 366-9301.

SUPPLEMENTARY INFORMATION: On August 10, 2006, Hawaiian Airlines, the 
only airline currently providing scheduled passenger service between 
American Samoa and another U.S. State or territory, filed a petition 
asking for a

[[Page 54326]]

declaratory order regarding an Executive Order issued by the Honorable 
Togiola T.A. Tulafono, the Governor of American Samoa, that proposed to 
block Hawaiian from continuing to serve American Samoa. Governor 
Tulafono has been dissatisfied with the quality and price of Hawaiian's 
service. His executive order, issued July 26, 2006, stated that 
American Samoa intends to find another airline to replace Hawaiian's 
service and that he will issue a second executive order barring 
Hawaiian from continuing to operate to American Samoa when another 
airline is ready to replace Hawaiian's service between Pago Pago and 
Honolulu. Hawaiian's petition, filed in Docket OST-2006-25612, contends 
that the Governor may not lawfully block Hawaiian from serving the 
Honolulu-Pago Pago market. Hawaiian's petition thus presents the 
question of whether Federal law will allow the Governor to take the 
action proposed by his Executive Order, or will prohibit him from doing 
so.
    Because we were unwilling to rule on Hawaiian's petition without 
making sure that American Samoa had a full opportunity to respond to 
the petition, and because no one submitted comments in response to 
Hawaiian's petition, we published a notice inviting American Samoa and 
all other interested persons to submit comments on the petition. 
Comments were due September 15, and reply comments were due September 
22, 2006. 71 FR 52205 (September 1, 2006).
    On August 30, the Governor of American Samoa sent a letter to Susan 
McDermott, the Deputy Assistant Secretary for Aviation and 
International Affairs, requesting that at least sixty days, and 
preferably ninety days, be allowed for submitting comments on 
Hawaiian's petition. The Governor stated that the issues presented by 
Hawaiian's petition could not be adequately addressed within a 
fourteen-day comment period. He suggested that the comment period in 
this proceeding should reflect the procedures used in rulemaking 
proceedings, where sixty-day comment periods are common. We have placed 
a copy of the Governor's letter in the docket for this proceeding and 
sent a copy to Hawaiian. Hawaiian states that it does not object to a 
sixty-day comment period.
    We will establish a comment period of sixty days, as the Governor 
has requested. Comments therefore will be due sixty days after the 
September 1 publication of our initial Federal Register notice. This 
will give the parties ample time for preparing their responses to 
Hawaiian's petition. We will also give parties two additional weeks for 
filing reply comments.
    The parties' submissions thus far suggest that we should provide 
some guidance on the procedural requirements for this proceeding. 
Because Hawaiian is requesting a declaratory order regarding its 
individual dispute with the Governor, this proceeding is an 
adjudication, not a rulemaking. As such, it is subject to our rules for 
adjudicatory proceedings where no oral evidentiary hearing is held, 14 
CFR 302.1 through 302.15. In adjudications, fundamental principles of 
fairness require that each party must serve the other parties whenever 
it submits its views to us on substantive or procedural issues. As a 
result, Hawaiian, the Governor, and the other parties must send all of 
their future filings directly to the docket for this proceeding and 
must simultaneously serve the other parties (at this time, the parties 
consist of Hawaiian and the Governor). While we sent a copy of 
Hawaiian's petition to the Governor and then forwarded the Governor's 
request for more time to Hawaiian, in the future each party is 
responsible for ensuring that it has sent a copy of any written request 
or pleading to the other parties.

    Dated: September 8, 2006.
Michael W. Reynolds,
Acting Assistant Secretary for Aviation and International Affairs.
[FR Doc. 06-7645 Filed 9-13-06; 8:45 am]
BILLING CODE 4910-9X-P

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