Petition for Exemption; Summary of Petition Received, 47304-47305 [E9-22117]
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47304
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
Foreign Operations, and Related
Programs Appropriations, 2009 (Div. H,
Pub. L. 111–8), and similar provisions
in prior-year Appropriations Acts, and
has concluded that publication of the
determination would be harmful to the
national security of the United States.
This Determination shall be reported
to the Congress and published in the
Federal Register.
Dated: September 4, 2009.
Vann H. Van Diepen,
Acting Assistant Secretary of State for
International Security and Nonproliferation,
Department of State.
[FR Doc. E9–22175 Filed 9–14–09; 8:45 am]
BILLING CODE 4710–27–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No.: 2009–0830]
Airport Privatization Pilot Program
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of Receipt and
Acceptance for Review: Preliminary
Application for Louis Armstrong New
Orleans International Airport, New
Orleans, LA.
SUMMARY: The Federal Aviation
Administration (FAA) has completed its
review of the Louis Armstrong New
Orleans International Airport (MSY)
preliminary application for
participation in the airport privatization
pilot program received under 49 U.S.C.
47134. The preliminary application is
accepted for review, with a filing date
of August 5, 2009. The City of New
Orleans, 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.
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 notice of receipt of
the final application in the Federal
Register for public review and comment
for a sixty-day period. The MSY
preliminary application is available for
public review at https://
www.regulations.gov. The docket
number is FAA Docket Number 2009–
0830.
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19:12 Sep 14, 2009
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FOR FURTHER INFORMATION CONTACT:
Kevin C. Willis (202–267–8741) Airport
Compliance Division, ACO–100, Federal
Aviation Administration, 800
Independence Ave., SW., Washington,
DC 20591.
SUPPLEMENTARY INFORMATION:
Introduction and Background
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
or lease 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). 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.
The City of New Orleans submitted a
preliminary application to the Airport
Privatization Pilot Program for Louis
Armstrong New Orleans International
Airport on August 5, 2009; the filing
date of this preliminary application. The
City may select a private operator,
negotiate an agreement and submit a
final application to the FAA for
exemption.
If FAA accepts the final application
for review, the application will be made
available for public review and
comment for a sixty-day period.
Issued in Washington, DC on September 8,
2009.
Randall S. Fiertz,
Director, Office of Airport Compliance and
Field Operations.
[FR Doc. E9–22144 Filed 9–14–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2009–40]
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 September 30, 2009.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2009–0809 using any of the following
methods:
• Government-wide rulemaking Web
site: Go to https://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 (DOT), 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 https://
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
E:\FR\FM\15SEN1.SGM
15SEN1
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices
https://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:
Maria G. Delgado, ANM–113, (425) 227–
2775, FAA, Transport Airplane
Directorate, 1601 Lind Ave., SW.,
Renton, Washington 98057–3356; or
Ralen Gao, ARM–200, (202) 267–3168,
FAA, Office of Rulemaking, 800
Independence Ave., SW., Washington,
DC 20591. This notice is published
pursuant to 14 CFR 11.85.
Issued in Washington, DC on September 9,
2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2009–0809.
Petitioner: Airbus.
Sections of 14 CFR Affected:
§§ 25.305(b) and 25.307.
Description of Relief Sought: The
petitioner requests an exemption from
the requirements of §§ 25.305(b) and
25.307 for certain Airbus Model A330–
233 and –323 airplanes. If granted, this
exemption would be time-limited to
permit installation of Pratt & Whitney
PW4168A–1D engines without a fan
cowl hinge upgrade, until Airbus can
substantiate that the current fan cowl
hinge design does not require the
upgrade.
[FR Doc. E9–22117 Filed 9–14–09; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Procedures for Determining Vessel
Service Categories for Purposes of the
Cargo Preference Act
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY: U.S. Department of
Transportation, Maritime
Administration.
ACTION: Notice.
SUMMARY: Pursuant to a Memorandum
of Understanding Among the United
States Department of Agriculture, the
United States Department of
Transportation, and the United States
Agency for International Development
Regarding Procedures for Determining
Vessel Service Categories for Purposes
of the Cargo Preference Act, dated
September 4, 2009 (the MOU, a copy of
which is attached hereto and posted at
the Web site of the Maritime
Administration (MARAD), https://
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19:12 Sep 14, 2009
Jkt 217001
www.marad.dot.gov), notice is hereby
given by MARAD that procedures as set
forth herein are established for vessel
owners or operators to designate the
service category of individual vessels for
purposes of compliance with the Cargo
Preference Act (CPA). Where the owner
or operator designates the category of its
vessel, such self-designations will be
docketed in the public record,
published, and an opportunity will be
provided for comment by interested
parties. Each self-designation and the
record supporting it is subject to review
by MARAD. If MARAD disagrees with a
self-designation, the process for
determination, appeal and further
administrative review is set forth below.
These procedures are intended to be
interim procedures implementing the
MOU entered into by MARAD, the
United States Department of Agriculture
(USDA), and the United States Agency
for International Development (USAID)
and a 2002 Department of Justice
interpretation of the CPA, pending the
formal promulgation of regulations by
MARAD.
Background
The CPA requires that Federal
agencies take ‘‘necessary and
practicable’’ steps to ensure that
privately-owned U.S.-flag vessels
transport at least 50 percent of the gross
tonnage of cargo sponsored under the
food assistance programs specified
below ‘‘(computed separately for dry
bulk carriers, dry cargo liners, and
tankers) * * * to the extent such vessels
are available at fair and reasonable rates
for commercial vessels of the United
States, in a manner that will ensure a
fair and reasonable participation of
commercial vessels of the United States
in those cargoes by geographic areas.’’
46 U.S.C. 55305(b). An additional 25
percent of gross tonnage is to be
transported in accordance with the
requirements of 46 U.S.C. 55314.
USAID and USDA provide food aid
commodities to meet humanitarian food
needs in the developing world. They
either contract directly with, or provide
guidance to, other entities for purposes
of reimbursement regarding the
transportation of such food aid through
a competitive bidding system among
private ocean carriers. The award of
transportation contracts to ocean
carriers is subject to the requirements of
the CPA.
This Federal Register notice and the
procedures set forth herein are intended
to cover the following food assistance
programs: Titles I, II, and III programs
of the Food for Peace Act, the Food for
Progress program of the Food Security
Act of 1985, the McGovern-Dole
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47305
International Food for Education and
Child Nutrition program of the Farm
Security and Rural Investment Act of
2002, the Section 416(b) program of the
Agricultural Act of 1949, and the Bill
Emerson Humanitarian Trust of the Bill
Emerson Humanitarian Trust Act.
MARAD, an operating administration
of the Department of Transportation, is
responsible for prescribing regulations
and guidance governing the
implementation of the CPA by other
Government agencies, such as USAID
and USDA. 46 U.S.C. 55305(d); 49 CFR
1.66(e). MARAD maintains a list on its
Web site at https://www.marad.dot.gov/
documents/MAR730_MasterVesselList
forCargoPreference.pdf that sets forth
vessel designations for CPA purposes
through and including September 30,
2009. The procedures contained in this
Notice apply to both U.S. flag and
foreign flag vessels and must be used by
vessel owners or operators to request
any designation or re-designation of
such vessels by service type, for
purposes of participation in CPA
programs. MARAD will publish an
initial list of vessel designations on
October 7, 2009. After a comment
period and administrative review
process (as described below), MARAD
will publish a new vessel list on its Web
site, https://www.marad.dot.gov.
USAID, USDA and the MARAD have
been involved in litigation that
challenges the proper interpretation and
implementation of the Cargo Preference
Act by these agencies for the Title II
program under the Food for Peace Act
(Title II), including Maersk Line Ltd v.
Vilsack, U.S.D.C. (E.D. Va) 1:09cv747.
As the parties acknowledged in a July
10, 2009 settlement of the Maersk
litigation, the Government agencies
involved in that litigation were unable
to provide a unified Government
position with respect to the proper
implementation of the 2002 Department
of Justice interpretation of the CPA. The
attached MOU serves to clarify the
position of the United States with
respect to certain requirements of the
CPA, and represents the unified
Government position on the proper
method for implementing the
Department of Justice’s 2002 CPA
determination.
For purposes of determining
compliance with the statutory 75
percent requirement for shipments on
U.S. flag vessels, each of the affected
agencies (that is, MARAD, USAID, and
USDA) will record contracts awarded
under the food assistance programs
specified above based solely upon the
vessel service category for the vessel
upon which the cargo is carried, for
both foreign flag and U.S.-flag vessels,
E:\FR\FM\15SEN1.SGM
15SEN1
Agencies
[Federal Register Volume 74, Number 177 (Tuesday, September 15, 2009)]
[Notices]
[Pages 47304-47305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22117]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE-2009-40]
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 September 30, 2009.
ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0809 using any of the following methods:
Government-wide rulemaking Web site: Go to https://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 (DOT), 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
https://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
[[Page 47305]]
https://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: Maria G. Delgado, ANM-113, (425) 227-
2775, FAA, Transport Airplane Directorate, 1601 Lind Ave., SW., Renton,
Washington 98057-3356; or Ralen Gao, ARM-200, (202) 267-3168, FAA,
Office of Rulemaking, 800 Independence Ave., SW., Washington, DC 20591.
This notice is published pursuant to 14 CFR 11.85.
Issued in Washington, DC on September 9, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA-2009-0809.
Petitioner: Airbus.
Sections of 14 CFR Affected: Sec. Sec. 25.305(b) and 25.307.
Description of Relief Sought: The petitioner requests an exemption
from the requirements of Sec. Sec. 25.305(b) and 25.307 for certain
Airbus Model A330-233 and -323 airplanes. If granted, this exemption
would be time-limited to permit installation of Pratt & Whitney
PW4168A-1D engines without a fan cowl hinge upgrade, until Airbus can
substantiate that the current fan cowl hinge design does not require
the upgrade.
[FR Doc. E9-22117 Filed 9-14-09; 8:45 am]
BILLING CODE 4910-13-P