Notices. Notice
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/register/2006/09/26/06-8300A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 8010-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10610 and # 10611] Maryland Disaster # MD-00005 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the State of Maryland dated 09/18/2006. *Incident:* Tropical Storm Ernesto. *Incident Period:* 09/01/2006 through 09/02/2006. EFFECTIVE DATE: 09/18/2006. *Physical Loan Application Deadline Date:* 11/17/2006. *Economic Injury
(EIDL)Loan Application Deadline Date:* 06/18/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing And Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Calvert, St. Mary's. *Contiguous Counties:* Maryland: Anne Arundel, Charles, Prince George's. The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 6.250 Homeowners Without Credit Available Elsewhere 3.125 Businesses With Credit Available Elsewhere 7.934 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.000 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10610 B and for economic injury is 10611 0. The State which received an EIDL Declaration # is Maryland. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Steven C. Preston, Administrator. [FR Doc. E6-15699 Filed 9-25-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION [Disaster Declaration # 10612 and # 10613] Pennsylvania Disaster # PA-00005 AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is a notice of an Administrative declaration of a disaster for the Commonwealth of Pennsylvania dated 09/18/2006. *Incident:* Severe Storms and Flooding. *Incident Period:* 08/29/2006 through 09/02/2006. EFFECTIVE DATE: 09/18/2006. *Physical Loan Application Deadline Date:* 11/17/2006. *Economic Injury
(EIDL)Loan Application Deadline Date:* 06/18/2007. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416. SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Venango. *Contiguous Counties:* Pennsylvania: Butler, Clarion, Crawford, Forest, Mercer, Warren. The Interest Rates are: Percent Homeowners With Credit Available Elsewhere 6.250 Homeowners Without Credit Available Elsewhere 3.125 Businesses With Credit Available Elsewhere 7.934 Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere 4.000 Other (Including Non-Profit Organizations) With Credit Available Elsewhere 5.000 Businesses and Non-Profit Organizations Without Credit Available Elsewhere 4.000 The number assigned to this disaster for physical damage is 10612 6 and for economic injury is 10613 0. The State which received an EIDL Declaration # is Pennsylvania. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Steven C. Preston, Administrator. [FR Doc. E6-15700 Filed 9-25-06; 8:45 am] BILLING CODE 8025-01-P SMALL BUSINESS ADMINISTRATION Privacy Act of 1974; Computer Matching Program AGENCY: Small Business Administration (SBA). ACTION: Notice of a computer matching program—SBA and the Louisiana Office of Community Development (LOCD). SUMMARY: In accordance with the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, the Computer Matching Privacy Act Amendments of 1990, the Office of Management and Budget
(OMB)Guidelines on the Conduct of Matching Programs, and OMB Bulletin 89-22, “Instructions on Reporting Computer Matching Programs to the Office of Management and Budget (OMB), Congress and the Public”, the Small Business Administration
(SBA)is issuing a public notice of its intent to conduct a computer matching program with LOCD which uses a computer information system of SBA. The purpose of the computer matching program is to ensure that there is no duplication of benefits (DOB), as prohibited by the Small Business Act, between SBA disaster loans made to homeowners in Louisiana affected by the 2005 Gulf Coast hurricanes and LOCD grants to the same homeowners. DATES: This matching program is expected to begin October 26, 2006. Any public comment must be received before this expected start date. ADDRESSES: Any interested party may submit written comments to: Small Business Administration, Office of Disaster Assistance, 409 3rd Street, SW., Washington, DC 20416. FOR FURTHER INFORMATION CONTACT: On the matching program: Becky Brantley, Disaster External Affairs Liaison, 202-205-6734, and on the Privacy Act: Lisa Babcock, Chief, Freedom of Information/Privacy Acts Office, 202-401-8203. SUPPLEMENTARY INFORMATION: Pursuant to subsection
(o)of the Privacy Act of 1974, as amended (15 U.S.C. 552a), the SBA and LOCD have concluded an agreement to conduct a computer matching program between the agencies. The purpose of the computer matching program is to exchange personal data to identify individuals who have been approved for an SBA home disaster loan as a result of the 2005 Gulf Coast hurricanes and who seek to obtain a grant from the LOCD for the same loss. Matching the information will prevent a DOB between an SBA disaster loan and an LOCD grant to the same homeowner. Section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)) prohibits SBA, in making physical disaster loans, from duplicating the benefits that recipients of such loans may receive from other sources. The parties to the agreement have determined that a computer matching program is the most efficient, expeditious, and effective means of obtaining and processing the information needed to make a decision on whether there is a DOB. The principal alternative to using this matching program would be to manually match the loan applications processed by SBA with the grant applications submitted to the LOCD. Manual matching would impose an administrative burden on the agencies and might result in delays in determining eligibility for LOCD grants to affected victims of the hurricanes. A copy of the agreement between SBA and LOCD is available on request. Requests should be submitted to the same address listed above for comments. Reporting of Matching Program In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100-503), and the Computer Matching Privacy Act Amendments of 1990 (Pub. L. 101-56), (collectively, the Law), and OMB Bulletin 89-22, copies of this notice are being provided to the House Committee on Government Reform and the Senate Committee on Homeland Security and Governmental Affairs, and to OMB. Authority The matching program will be conducted pursuant to the Law. Objectives To Be Met by the Matching Program The matching program will allow LOCD and SBA to share data in order to prevent an applicant for an LOCD grant from receiving a DOB with an SBA home disaster loan. Records To Be Matched The SBA records involved in the match are home loan applications received by SBA from disaster victims in Louisiana as a result of the 2005 Gulf Coast hurricanes. These home loan application records are contained in the SBA Privacy Act System of Records: Disaster Loan Case File—SBA 20, last published at 69 FR 58598. Period of the Match The computer matching program will be conducted in accordance with the agreement between SBA and the LOCD. The agreement will remain in effect until the last LOCD grant award has been processed by LOCD or June 30, 2007, whichever is earlier. The agreement may be extended by mutual agreement of the parties. Either SBA or LOCD, upon thirty
(30)days written notice, may request an extension or may terminate the agreement. Charles McClam, Acting Chief Information Officer. [FR Doc. E6-15701 Filed 9-25-06; 8:45 am] BILLING CODE 8025-01-P DEPARTMENT OF STATE [Public Notice 5328] Renewal of Cultural Property Advisory Committee Charter SUMMARY: The Charter of the Department of State's Cultural Property Advisory Committee
(CPAC)has been renewed for an additional two years. The Charter of the Cultural Property Advisory Committee is being renewed for a two-year period. The Committee was established by the Convention on Cultural Property Implementation Act of 1983, 19 U.S.C. 2601 *et seq.* It reviews requests from other countries seeking U.S. import restrictions on archaeological or ethnological material the pillage of which places a country's cultural heritage in jeopardy. The Committee makes findings and recommendations to the Secretary of State, who, on behalf of the President, determines whether to impose the import restrictions. The membership of the Committee consists of private sector experts in archaeology, anthropology, or ethnology; experts in the international sale of cultural property; and representatives of museums and of the general public. FOR FURTHER INFORMATION CONTACT: Cultural Heritage Center, U.S. Department of State, Bureau of Educational and Cultural Affairs, State Annex 44, 301 4th Street, SW., Washington, DC 20547. Telephone:
(202)453-8800; Fax:
(202)453-8803. Dated: September 18, 2006. Maria P. Kouroupas, Executive Director, Cultural Property Advisory, Committee, Department of State. [FR Doc. E6-15723 Filed 9-25-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5559] Culturally Significant Object Imported for Exhibition Determinations: “Lucio Fontana: Venice/New York” 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 Restructuring Act of 1998 (112 Stat. 2681, *et seq.* ; 22 U.S.C. 6501 note, *et seq.* ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition “Lucio Fontana: Venice/New York,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The object is imported pursuant to loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Solomon R. Guggenheim Museum, New York, New York, from on or about October 10, 2006, until on or about January 21, 2007, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the **Federal Register** . FOR FURTHER INFORMATION CONTACT: For further information, including a list of the exhibit object, contact Paul Manning, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202/453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW. Room 700, Washington, DC 20547-0001. Dated: September 20, 2006. C. Miller Crouch, Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. [FR Doc. E6-15732 Filed 9-25-06; 8:45 am] BILLING CODE 4710-05-P DEPARTMENT OF STATE [Public Notice 5556] Advisory Committee on Transformational Diplomacy Notice of Meeting The Department of State announces a meeting of the Secretary of State's Advisory Committee on Transformational Diplomacy beginning on Wednesday, October 11, 2006 and continuing on Thursday, October 12, 2006, at the U.S. Department of State at 2201 C Street, NW., Washington, DC The Committee is composed of a group of prominent Americans from the private sector and academia who provide the Department with advice on its worldwide management operations, including structuring, leading, and managing large global enterprises, communicating governmental missions and policies to relevant publics, and better use of information technology. The Committee will meet in open session from 5 p.m. to 6:45 p.m. on October 11, 2006. The Committee also will meet in open session from 8:15 a.m. until 12 p.m. on October 12, 2006. The agenda for the October 11 session will include an overview briefing about the Department of State and its mission. The agenda for the October 12 session will include briefings on Public/Private Partnership Models, Workforce and Training, the State Department in 2012, Congressional Interaction, the Embassy of the Future, Transformational Diplomacy and discussion on establishing working groups for the Committee. Entry to the building is controlled and will be facilitated by advance arrangements. Members of the public (including government employees and Department of State employees) desiring access to the open sessions should, no later than October 6, 2006, notify the Advisory Committee on Transformational Diplomacy ( *phone:* 202-647-0093) of their name, date of birth; citizenship (country); ID number, i.e., U.S. government ID (agency), U.S. military ID (branch), passport (country), or drivers license number (state); professional affiliation, address, and telephone number. Members of the public may file a written statement with the committee. All members of the public must use the “C” Street entrance, after going through the exterior screening facilities. One of the following valid IDs will be required for admittance: Any U.S. driver's license with photo, a passport, or a U.S. Government agency ID. Because an escort is required at all times, attendees should expect to remain in the meeting for the entire session. For more information, contact Madelyn Marchessault, Designated Federal Official of the Advisory Committee on Transformational Diplomacy at 202-647-0093 or at *Marchessaultms@state.gov* . Dated: September 19, 2006. Marguerite Coffey, Acting Director, Office of Management Policy, Department of State. [FR Doc. E6-15731 Filed 9-25-06; 8:45 am] BILLING CODE 4710-01-P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. OST-2003-15623] Notice of Request for Renewal of a Previously Approved Collection AGENCY: Office of the Secretary, DOT. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice announces the U.S. Department of Transportation's
(DOT)intention to request renewal of a previously approved information collection. DATES: Comments on this notice must be received by November 27, 2006. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number OST-2003-15623] by any of the following methods: • *Web site: http://dms.dot.gov.* Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* 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 on Federal holidays. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow the online instructions for submitting comments. *Instructions:* All submissions must include the agency name and docket number or Regulatory Identification Number
(RIN)for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to *http://dms.dot.gov* including any personal information provided. Please see the Privacy Act heading under Regulatory Notes. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or 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. FOR FURTHER INFORMATION CONTACT: Lauralyn Remo, Air Carrier Fitness Division (X-56), Office of Aviation Analysis, Office of the Secretary, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590,
(202)366-9721. SUPPLEMENTARY INFORMATION: *Title:* Use and Change of Names of Air Carriers, Foreign Air Charters, and Commuter Air Carriers, 14 CFR part 215. *OMB Control Number:* 2106-0043. *Type of Request:* Renewal without change, of a previously approved collection. *Abstract:* In accordance with the procedures set forth in 14 CFR part 215, before a holder of certificated, foreign, or commuter air carrier authority may hold itself out to the public in any particular name or trade name, it must register that name or trade name with the Department, and notify all other certificated, foreign, and commuter air carriers that have registered the same or similar name(s) of the intended name registration. *Respondents:* Persons seeking to use or change the name or trade name in which they hold themselves out to the public as an air carrier or foreign air carrier. *Estimated Number of Respondents:* 13. *Estimated Total Burden on Respondents:* 65 hours. *Comments are invited on:*
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility;
(b)the accuracy of the Department's estimate of the burden of the proposed information collection;
(c)ways to enhance the quality, utility and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Issued in Washington, DC, on September 19, 2006. Todd M. Homan, Director, Office of Aviation Analysis. [FR Doc. E6-15724 Filed 9-25-06; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. OST-2003-15962] Notice of Request for Renewal of a Previously Approved Collection AGENCY: Office of the Secretary, DOT. ACTION: Notice. SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended), this notice announces the U.S. Department of Transportation's
(DOT)intention to request extension of a previously approved information collection. DATES: Comments on this notice must be received by November 27, 2006. ADDRESSES: You may submit comments [identified by DOT DMS Docket Number OST-2003-15962] by any of the following methods: • *Web site: http://dms.dot.gov* . Follow the instructions for submitting comments on the DOT electronic docket site. • *Fax:* 1-202-493-2251. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Hand Delivery:* 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 on Federal holidays. • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. *Instructions:* All submissions must include the agency name and docket number or Regulatory Identification Number
(RIN)for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to *http://dms.dot.gov* including any personal information provided. Please see the Privacy Act heading under Regulatory Notes. *Docket:* For access to the docket to read background documents or comments received, go to *http://dms.dot.gov* at any time or 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. FOR FURTHER INFORMATION CONTACT: Lauralyn Remo, Air Carrier Fitness Division (X-56), Office of Aviation Analysis, Office of the Secretary, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590,
(202)366-9721. SUPPLEMENTARY INFORMATION: *Title:* Procedures and Evidence Rules for Air Carrier Authority Applications: 14 CFR Part 201—Air Carrier Authority under Subtitle VII of Title 49 of the United States Code—(Amended); 14 CFR Part 204—Data to Support Fitness Determinations; 14 CFR Part 291—Cargo Operations in Interstate Air Transportation. *OMB Control Number:* 2106-0023. *Type of Request:* Extension without change, of previously approved collection. *Abstract:* In order to determine the fitness of persons seeking authority to engage in air transportation, the Department collects information from them about their ownership, citizenship, managerial competence, operating proposal, financial condition, and compliance history. The specific information to be filed by respondents is set forth in 14 CFR parts 201 and 204. *Respondents:* Persons seeking initial or continuing authority to engage in air transportation of persons, property, and/or mail. *Estimated Number of Respondents:* 215. *Average Annual Burden per Respondent:* 25.20 hours. *Estimated Total Burden on Respondents:* 5,420 hours. *Comments are invited on:*
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility;
(b)the accuracy of the Department's estimate of the burden of the proposed information collection;
(c)ways to enhance the quality, utility and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Issued in Washington, DC, on September 10, 2006. Todd M. Homan, Director, Office of Aviation Analysis. [FR Doc. E6-15726 Filed 9-25-06; 8:45 am] BILLING CODE 4910-9X-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Docket No. FAA-2004-16944] Operating Limitations at Chicago O'Hare International Airport; Order To Show Cause and Request for Comments AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of Order To Show Cause and request for comments. SUMMARY: The FAA has issued an order to show cause, which solicits the views of interested persons on the FAA's tentative determination to modify the August 2004 order temporarily limiting scheduled operations at O'Hare International Airport (O'Hare). The text of the order to show cause is set forth in this notice. DATES: Any written information that responds to the FAA's order to show cause must be submitted by September 29, 2006. ADDRESSES: You may send comments, identified by docket number FAA-2004-16944, using any of the following methods: • *DOT Docket Web site:* Go to *http://dms.dot.gov* and follow the instructions for sending your comments electronically. • *Government-wide rulemaking Web site:* Go to *http://www.regulations.gov* and follow the instructions for sending your comments electronically. • *Mail:* Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001. • *Fax:* 1-202-493-2251. • *Hand Delivery:* 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. *Privacy:* We will post all comments we receive, without change, to *http://dms.dot.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 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 (65 FR 19477-19478) or you may visit *http://dms.dot.gov* . *Docket:* To read background documents or comments received, go to *http://dms.dot.gov* at any time or 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. FOR FURTHER INFORMATION CONTACT: Komal Jain, Office of the Chief Counsel, Regulations Division, AGC-240, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone
(202)267-3073. SUPPLEMENTARY INFORMATION: Order To Show Cause The Federal Aviation Administration
(FAA)has tentatively determined that it is necessary to modify the August 2004 order, as amended, (the Order) temporarily limiting scheduled operations at O'Hare International Airport (O'Hare). Under the Order, the FAA may modify or withdraw any provision in the order on its own or on application by any air carrier for good cause shown. The FAA proposes to eliminate the prohibition on trading or transferring (buying, selling, or leasing) arrival authorizations for consideration for the remaining duration of the Order. We believe there may be merit to allowing carriers to modify their schedules for competitive or operational reasons through various market mechanisms prior to the effective date of the August 29, 2006, final rule regulating scheduled arrivals at O'Hare. The FAA invites air carriers and other interested persons to submit written comments by no later than September 29, 2006, in Docket FAA-2006-16944 on this proposal. After reviewing and evaluating the comments, the FAA expects to issue a final modification to the Order based on this proposal. Background On August 18, 2004, the FAA issued an order limiting the number of scheduled arrivals that air carriers conduct at O'Hare during peak hours. The August 18 Order followed a period during which O'Hare operated without any regulatory constraint on the number of aircraft operations, and O'Hare experienced significant congestion-related delay. The Order took effect November 1, 2004, and was subsequently extended on March 25, 2005, October 6, 2005, and March 31, 2006. It terminates at midnight, October 28, 2006, when the August 29, 2006, final rule, Congestion and Delay Reduction at Chicago O'Hare International Airport, becomes effective. 71 FR 51382. The Order established two means through which air carriers can move an existing arrival that has been authorized under the Order and scheduled within the period from 7 a.m. though 8:59 p.m. The first is through requests for schedule changes that are subject to the Administrator's approval and a determination that the schedule change would not adversely affect operations or congestion at O'Hare, taking into account the strict limits on operations per hour that were established when the Order first took effect. The second is through a trade of an arrival time for another but on a one-for-one basis with another air carrier. Once again, the trade is subject to the Administrator's approval and a determination that the trade will not increase congestion or adversely affect operations at the airport. At the time of the Order, the FAA determined that these two mechanisms would provide carriers with adequate flexibility to make changes if necessary during peak hours of operation. Order To Show Cause When it issued the Order the FAA intended that it would be in effect for a short duration—until the FAA published a final rule to limit scheduled arrivals at O'Hare and establish allocation, transfer and other procedures not included in the Order. The FAA did not anticipate that the Order would be extended through October 2006. Limiting trades of scheduled arrivals, so that they could occur only on a one-for-one basis and remain in place only for the duration of the Order, particularly when coupled with a prohibition on sales and leases, has had the unintended effect of eliminating any flexibility to shift operations even when such shifts would not contribute to congestion or interfere with the hourly cap on operations. In order to facilitate the most efficient transition from the Order to the final rule, the FAA proposes to allow carriers to make long-term adjustments to their holdings of scheduled arrivals during the last remaining days of the Order, as described below. Under this proposed modification, the FAA would accept permanent trades, which the FAA would then recognize at the effective date of the final rule. As several carriers have long-standing, multi-seasonal trades to adjust schedule operating times, this proposal would facilitate the finalization of those or other trades and transfers prior to the commencement of the 2006 winter scheduling season. Underlying this proposed decision is that through the Order's elimination of a usage requirement, there are several scheduled arrivals that while allocated have not been fully utilized. It was not until August 29, 2006, when we issued the final rule on O'Hare operations, that carriers could have definitely known that under-utilized authorizations could be transferred for consideration rather than simply traded temporarily on a one-for-one basis. 1 Unintentionally, the FAA thus created a 2-month window in which carriers may have found it to their benefit to hold onto their arrivals rather than trade them, saving them potentially to obtain monetary value in a secondary market. We are concerned that this contributes towards an inefficient use of authorizations. 1 Section 93.27 provides for the sale and lease of authorized authorizations in a blind, cash-only secondary market. For these reasons the Administrator has tentatively determined that there is no longer any justification for maintaining a restriction that arrival authorizations may only be transferred on a one-for-one basis and a prohibition on sales, leases and other transactions that result in the transfer of arrival authorizations for consideration. Therefore, with respect to scheduled flight operations at O'Hare under the August 2004 Order, as amended, the FAA proposes to adopt the following measures in substitution for ordering paragraph 6: 6. An air carrier who is currently operating or will operate at O'Hare by December 31, 2006, may buy, sell, lease or otherwise transfer or trade any scheduled arrival from 7 a.m. through 8:59 p.m. to or from any other air carrier who is operating or will operate at O'Hare by December 31, 2006. Each air carrier must receive advance written approval of the Administrator, or her delegate, of the trade or transfer. All requests to trade or transfer a scheduled arrival must be submitted in writing to the FAA Slot Administration Office, facsimile
(202)267-7277 or e-mail *7-AWA-Slotadmin@faa.gov* , and must come from a designated representative of the air carrier. Request for Comments The FAA invites all interested persons to submit written comments on the proposals described in this order by filing their written views in Docket FAA-2006-16944 on or before September 29, 2006. Issued in Washington, DC, on September 22, 2006. James W. Whitlow, Deputy Chief Counsel for Policy and Adjudications. [FR Doc. 06-8300 Filed 9-22-06; 2:07 pm]
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8 references not yet in our index
- 15 USC 552a
- Pub. L. 100-503
- Pub. L. 101-56
- 79 Stat. 985
- 14 CFR 215
- 14 CFR 201
- 14 CFR 204
- 14 CFR 291
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Notices
Notice
Cite15 USC 552a
Pub. L.Pub. L. 100-503
Pub. L.Pub. L. 101-56
Stat.79 Stat. 985
Cite14 CFR 215
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