[Federal Register Volume 84, Number 160 (Monday, August 19, 2019)]
[Notices]
[Pages 42977-42978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17785]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA 2010-1052]


Airport Investment Partnership Program

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of receipt of application of Airglades Airport (2IS), 
Hendry County, Clewiston, Florida: Commencement of 30-Day public review 
and comment period.

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SUMMARY: The Federal Aviation Administration (FAA) received the final 
application from Hendry County and Airglades Airport, LLC for the 
participation of Airglades Airport (2IS) in the Airport Investment 
Partnership Program (formerly the Airport Privatization Pilot Program) 
and has determined that the final application is substantially complete 
and accepted for review. The determination that the application is 
substantially complete results in the commencement of FAA's review and 
is not an approval or disapproval of the proposed privatization 
application.
    The FAA is seeking information and comments from interested parties 
on the final application. The FAA will review the application, public 
comments, and any other relevant additional submission by the applicant 
or the public, and issue a decision approving or disapproving the 
application.
    Title 49 U.S.C. Section 47134 establishes the Airport Investment 
Partnership Program and authorizes the Department of Transportation to 
grant exemptions from certain Federal statutory and regulatory 
requirement for airport privatization projects. The application 
procedures require the FAA to publish a notice of receipt of the final 
application in the Federal Register and accept public comment on the 
final application for a period of 60 days. However, the 60-day notice 
period is not a statutory or regulatory requirement. The applicants 
have requested the comment period be reduced to 30 days because they 
desire to obtain approval, assuming the application is sufficient, by 
September 30, 2019. Under Section 184 of the FAA Reauthorization Act of 
2018, approval of an application by this date (and the project meets 
all other requirements), would permit the agency to issue a letter of 
intent for Airport Improvement Program grant funds. FAA has agreed to 
reduce the comment period based on the applicants' request.

DATES: Comments must be received by September 18, 2019. Comments that 
are received after that date will be considered only to the extent 
possible.

ADDRESSES: You may send written comments by any of the following 
methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your

[[Page 42978]]

comments electronically. Docket Number: FAA 2010-1052.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to mail address above between 9:00 
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Identify all transmission with ``Docket Number FAA 2010-1052'' at 
the beginning of the document.

Examining the Application

    The final application was filed under Docket Number FAA-2010-1052. 
You may examine the final application on the internet at: http://www.regulations.gov or on the FAA's website www.faa.gov or in person at 
the Docket Operations office between 9:00 a.m. and 5:00 p.m. EST, 
Monday through Friday, except Federal holidays. The Docket Operations 
Office (800-647-5527) is located at the U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001. The Docket contains the 
preliminary and final application, the agreements, any comments 
received and other information. Hendry County and Airglades Airport, 
LLC have also made copies of the final application available on 
www.airglades.com and the following location:

Hendry County Clerk of Courts, 25 E Hickpochee Avenue, LaBelle, Florida 
33935, Monday-Friday 8:30 a.m.-4:45 p.m., Saturday & Sunday--Closed
Clewiston Public Library, 120 W Osceola Avenue, Clewiston, Florida 
33440, Monday & Thursday 9 a.m.-8 p.m., Tuesday, Wednesday & Friday 9 
a.m.-5 p.m., Saturday 9 a.m.-1 p.m., Sunday--Closed
Barron Library, 461 N Main Street, LaBelle, Florida 33935, Monday & 
Thursday 9 a.m.-8 p.m., Tuesday, Wednesday & Friday 9 a.m.-5 p.m., 
Saturday 9 a.m.-1 p.m., Sunday--Closed
Glades County Public Library, 201 Riverside Drive, Moore Haven, Florida 
33471, Monday-Friday 9 a.m.-5 p.m., Saturday & Sunday--Closed

FOR FURTHER INFORMATION CONTACT: Cathryn Cason, Airport Compliance 
Specialist, Airport Compliance Division, ACO-100, Office of Airport 
Compliance and Management Analysis, Federal Aviation Administration, 
800 Independence Ave. SW, Washington DC 20591. Telephone 202-267-3085.

SUPPLEMENTARY INFORMATION: Title 49 of the U.S. Code Section 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 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 
requirements 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 (Notice of final application 
procedures for the Airport Privatization Pilot program: Application 
Procedures, 62 FR 48693-48708 (September 16, 1997) (Notice) (as 
modified, 62 FR 63211, Nov. 26, 1997). The FAA Reauthorization Act of 
2018 amended Section 47134 by changing the name to Airport Investment 
Partnership Program, eliminated limitations on the number of airports 
that could participate along with several other changes. A request for 
participation in the Program must be initiated by the filing of either 
a preliminary or final application for exemption with the Federal 
Aviation Administration.
    Hendry County submitted a preliminary application to the Program 
for Airglades Airport on October 6, 2010, the filing date of the 
preliminary application. FAA accepted the preliminary application on 
October 18, 2010. The preliminary application is posted on http://www.regulations.gov in Docket Number FAA 2010-1052 and is available for 
public review.
    On August 8, 2019, Hendry County and Airglades Airport, LLC filed 
their final application. Airglades Airport, LLC plans to build a $461 
million cargo complex and related support facilities to handle the 
transshipment of perishable goods. The project will also include 
construction of a tower, 10,000-foot runway and related facilities. 
According to the application, Airglades Airport, LLC has or intends to 
select AVPORTS to operate the airport under a separate agreement and 
Star America, or a related entity, as an investor/developer to manage 
and/or finance the airport development project after the acquisition of 
the Airport from the County.
    Hendry County requested an exemption under 49 U.S.C. Section 
47134(b)(1) to permit the use of revenue from the sale of airport 
property for non-airport purposes and under 49 U.S.C. Section 
47134(b)(2) to forego the repayment of Federal grants; and Airglades 
Airport. LLC asked for an exemption under 49 U.S.C. Section 47134(b)(3) 
to permit them to earn compensation from the operation of the airport.
    As part of its review of the final application, the FAA will 
consider all comments that are submitted by interested parties during 
the 30-day comment period for this notice.

    Issued in Washington, DC, on August 14, 2019.
Kevin Willis,
Director, Office of Airport Compliance and Management Analysis.
[FR Doc. 2019-17785 Filed 8-16-19; 8:45 am]
 BILLING CODE 4910-13-P


