Noise Exposure Map Notice; Receipt of Noise Compatibility Program and Request for Review; Kansas City International Airport, Kansas City, MO, 14838-14839 [E9-7000]
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14838
Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
Convention, up to the limit of 1000
SDRs (Convention, Article 22, para. 2.).3
Carriers should review their filed tariffs
on this matter and modify their tariffs
and their baggage claim policies, if
necessary, to conform to the terms of the
Convention. In addition, carriers should
ensure that their websites do not
contain improper information regarding
baggage liability exclusions applicable
to international service.
A second issue of concern stems from
airline tariffs related to code-share
service. As a condition for approval of
international code-share services, the
Department has as a matter of policy
required that ‘‘the carrier selling such
transportation (i.e., the carrier shown on
the ticket) accept responsibility for the
entirety of the code-share journey for all
obligations established in the contract of
carriage with the passenger; and that the
passenger liability of the operating
carrier be unaffected.’’ (Order 2008–5–
19, OST–2008–0064).4 Notwithstanding
this clear language, several carriers have
filed tariff provisions that purport to
apply the terms and conditions of the
operating carrier’s contract of carriage
generally, or in certain areas such as
check-in time limits, unaccompanied
minors, carriage of animals, refusal to
transport, oxygen service, irregular
operations, denied boarding
compensation, and baggage acceptance,
allowance and liability. Others state that
passengers on code-share flights ‘‘may
be subject’’ to the operating carrier’s
baggage charges. A number of carriers
have no clear tariff rule on the subject.
The intent of this DOT code-share
approval provision may not be
circumvented by tariff provisions
attempting to allocate responsibility and
contract of carriage provisions in
different ways by the carriers involved,
or by silence on the subject. As with the
exclusionary provisions cited above,
carriers should review their tariffs and
practices and make revisions, if
necessary, to reflect the conditions
imposed in the Department’s orders
approving code-share service.
As a matter of policy, the Aviation
Enforcement Office will consider the
subject tariff provisions noted above
involving exclusionary baggage
provisions to be of no effect and in
violation of the Convention and those
3 Article 22, para. 2 also allows the passenger to
declare excess value for baggage, subject to payment
of a supplementary fee if the carrier so requires.
Some tariff provisions state that the higher declared
value shall not apply to a list of valuable articles
including ‘‘money, jewelry, silverware, negotiable
papers, securities, business documents, samples,
paintings * * *.’’ Such rules are also inconsistent
with the Convention.
4 Similar language occurs in numerous other
approvals of code-share services.
VerDate Nov<24>2008
17:46 Mar 31, 2009
Jkt 217001
involving code share relationships to be
in violation of pertinent Department
approvals of those code-share services.
The tariffs and their application, and
similar practices, in the view of the
Aviation Enforcement Office, also
constitute unfair or deceptive business
practices and unfair methods of
competition in violation of 49 U.S.C.
41712. Carriers should, therefore,
review their tariffs and practices with
respect to these two areas and, if
necessary, immediately modify their
practices to conform to the Convention
and Department code-share conditions
and, within 90 days of this notice, revise
their respective tariffs and modify
appropriately the statements of their
baggage and code-share policies on their
Web sites. After that date, the Aviation
Enforcement Office will pursue
enforcement action in appropriate cases.
This disclosure guidance, it should be
noted, also extends to ticket agents.
Questions regarding this notice may be
addressed to the Office of Aviation
Enforcement and Proceedings (C–70),
U.S. Department of Transportation, 1200
New Jersey Ave., SE., Washington, DC
20590.
Dated: March 26, 2009.
By:
Samuel Podberesky,
Assistant General Counsel for Aviation
Enforcement and Proceedings.
An electronic version of this
document is available at https://
www.regulations.gov.
[FR Doc. E9–7264 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice; Receipt of
Noise Compatibility Program and
Request for Review; Kansas City
International Airport, Kansas City, MO
AGENCY: Federal Aviation
Administration, DOT.
ACTION: Notice.
SUMMARY: The Federal Aviation
Administration (FAA) announces its
determination that the noise exposure
maps submitted by the Kansas City
Aviation Department for the Kansas City
International Airport under the
provisions of 49 U.S.C. 47501 et seq.
(Aviation Safety and Noise Abatement
Act, herein after referred to as ‘‘the
Act’’) and 14 Code of Federal
Regulations (CFR) part 150 (hereinafter
referred to as ‘‘Part 150’’) are in
compliance with applicable
requirements. The FAA also announces
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that it is reviewing a proposed noise
compatibility program that was
submitted for the Kansas City
International Airport under Part 150 in
conjunction with the noise exposure
map, and that this program will be
approved or disapproved on or before
September 16, 2009.
DATES: The effective date of the FAA’s
determination on the noise exposure
maps and of the start of its review of the
associated noise compatibility program
is March 20, 2009. The public comment
period ends May 19, 2009.
FOR FURTHER INFORMATION CONTACT:
FAA, Todd Madison, ACE–61 1 F, 901
Locust, Room 335, Kansas City,
Missouri 64106–2325,
todd.madison@faa.qov, 816–329–2640.
Comments on the proposed noise
compatibility program should also be
submitted to the above office.
SUPPLEMENTARY INFORMATION: This
notice announces the FAA finds that the
noise exposure maps submitted for the
Kansas City International Airport are in
compliance with applicable
requirements of Part 150, effective
March 20, 2009. Further, FAA is
reviewing a proposed noise
compatibility program for that airport
which will be approved or disapproved
on or before September 16, 2009. This
notice also announces the availability of
this program for public review and
comment.
Under 49 U.S.C., section 47503 of the
Act, an airport operator may submit to
the FAA noise exposure maps which
meet applicable regulations and which
depict non-compatible land uses as of
the date of submission of such maps, a
description of projected aircraft
operations, and the ways in which such
operations will affect such maps. The
Act requires such maps to be developed
in consultation with interested and
affected parties in the local community,
government agencies, and persons using
the airport.
An airport operator who has
submitted noise exposure maps that are
found by FAA to be in compliance with
the requirements of Part 150,
promulgated pursuant to the Act, may
submit a noise compatibility program
for FAA approval which sets forth the
measures the operator has taken or
proposes to take to reduce existing noncompatible uses and prevent the
introduction of additional noncompatible uses.
The Kansas City Aviation Department
submitted to the FAA on March 6, 2009,
noise exposure maps, descriptions and
other documentation that were
produced during the ‘‘2008 Update to 14
CFR Part 150 Noise Exposure Maps and
E:\FR\FM\01APN1.SGM
01APN1
Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
Noise Compatibility Program.’’ It was
requested that the FAA review this
material as the noise exposure maps, as
described in section 47503 of the Act,
and that the noise mitigation measures,
to be implemented jointly by the airport
and surrounding communities, be
approved as a noise compatibility
program under section 47504 of the Act.
The FAA has completed its review of
the noise exposure maps and related
descriptions submitted by the Kansas
City Aviation Department. The specific
documentation determined to constitute
the noise exposure maps includes:
Current Noise Exposure Map (2008) as
shown on Exhibit NEM–1, Future Noise
Exposure Map/Noise Compatibility
Program Map (2013) as shown on
Exhibit NEM–2, and the associated
supporting report, ‘‘2008 Update to 14
CFR Part 150 Noise Exposure Maps and
Noise Compatibility Program’’, which
contains all other narrative, graphic, or
tabular representations of the data as
required by section Al 50.101 of Part
150, and sections 47503 and 47506 of
the Act. The FAA has determined that
these maps for the Kansas City
International Airport are in compliance
with applicable requirements. This
determination is effective on March 20,
2009. FAA’s determination on an airport
operator’s noise exposure maps is
limited to a finding that the maps were
developed in accordance with the
procedures contained in appendix A of
FAR part 150. Such determination does
not constitute approval of the
applicant’s data, information or plans,
or constitute a commitment to approve
a noise compatibility program or to fund
the implementation of that program.
If questions arise concerning the
precise relationship of specific
properties to noise exposure contours
depicted on a noise exposure map
submitted under section 47503 of the
Act, it should be noted that the FAA is
not involved in any way in determining
the relative locations of specific
properties with regard to the depicted
noise contours, or in interpreting the
noise exposure maps to resolve
questions concerning, for example,
which properties should be covered by
the provisions of section 47506 of the
Act. These functions are inseparable
from the ultimate land use control and
planning responsibilities of local
government. These local responsibilities
are not changed in any way under Part
150 or through FAA’s review of noise
exposure maps. Therefore, the
responsibility for the detailed
overlaying of noise exposure contours
onto the map depicting properties on
the surface rests exclusively with the
airport operator that submitted those
VerDate Nov<24>2008
17:46 Mar 31, 2009
Jkt 217001
maps, or with those public agencies and
planning agencies with which
consultation is required under section
47503 of the Act. The FAA has relied on
the certification by the airport operator,
under section 150.21 of Part 150, that
the statutorily required consultation has
been accomplished.
The FAA has formally received the
noise compatibility program for the
Kansas City International Airport, also
effective on March 20, 2009.
Preliminary review of the submitted
material indicates that it conforms to the
requirements for the submittal of noise
compatibility programs, but that further
review will be necessary prior to
approval or disapproval of the program.
The formal review period, limited by
law to a maximum of 180 days, will be
completed on or before September 16,
2009.
The FAA’s detailed evaluation will be
conducted under the provisions of
section 150.33 of Part 150. The primary
considerations in the evaluation process
are whether the proposed measures may
reduce the level of aviation safety,
create an undue burden on interstate or
foreign commerce, or be reasonably
consistent with obtaining the goal of
reducing existing non compatible land
uses and preventing the introduction of
additional non-compatible land uses.
Interested persons are invited to
comment on the proposed program with
specific reference to these factors. All
relevant comments, other than those
properly addressed to local land use
authorities, will be considered by the
FAA to the extent practicable. Copies of
the noise exposure maps, the FAA’s
evaluation of the maps, and the
proposed noise compatibility program
are available for examination at the
following locations:
Federal Aviation Administration,
Central Region Airports Division, Room
335, 901 Locust, Kansas City, Missouri
64106–2325, from 7:30 a.m. to 4 p.m.
Lapondzia Jones, Kansas City
Aviation Department, Kansas City
International Airport, 601 Brasilia
Avenue, Kansas City, Missouri 64153–
2054, from 8 a.m. to 5 p.m.
Questions may be directed to the
individual named above under the
heading, FOR FURTHER INFORMATION
CONTACT.
Issued in Kansas City, Missouri, March 20,
2009.
Jim A. Johnson,
Manager, Central Region Airports Division.
[FR Doc. E9–7000 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–13–M
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14839
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions
on Proposed Highway in California
AGENCY: Federal Highway
Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims
for Judicial Review of Actions by the
California Department of Transportation
(Caltrans), pursuant to 23 U.S.C. 327.
SUMMARY: The FHWA, on behalf of
Caltrans, is issuing this notice to
announce actions taken by Caltrans and
other Federal agencies that are final
within the meaning of 23 U.S.C.
139(l)(1). The actions relate to a
proposed highway project, State Route
76 (SR–76) from Melrose Drive in
Oceanside to South Mission Avenue in
Bonsall [KP 11.7/21.1 (PM 7.3/13.1)] in
the county of San Diego, State of
California. Those actions grant licenses,
permits, and approvals for the project.
DATES: By this notice, the FHWA, on
behalf of Caltrans, is advising the public
of final agency actions subject to 23
U.S.C. 139(l)(1). A claim seeking
judicial review of the Federal agency
actions on the highway project will be
barred unless the claim is filed on or
before September 28, 2009. If the
Federal law that authorizes judicial
review of a claim provides a time period
of less than 180 days for filing such
claim, then the shorter time period still
applies.
FOR FURTHER INFORMATION CONTACT:
Susanne Glasgow, Deputy District
Director, Division of Environmental
Analysis, California Department of
Transportation, 4050 Taylor Street, San
Diego, CA 92110, Regular Office Hours
8 a.m. to 5 p.m., Telephone number
619–688–0100, e-mail
Susanne.Glasgow@dot.ca.gov.
SUPPLEMENTARY INFORMATION: Effective
July 1, 2007, the FHWA assigned, and
the California Department of
Transportation (Caltrans) assumed,
environmental responsibilities for this
project pursuant to 23 U.S.C. 327.
Notice is hereby given that Caltrans has
taken final agency actions subject to 23
U.S.C. 139(l)(1) by issuing licenses,
permits, and approvals for the following
highway project in the State of
California: The project is located in
northern San Diego County on SR–76
from Melrose Drive in the City of
Oceanside, to South Mission Road in
the unincorporated community of
Bonsall, covering a distance of
approximately 9.4-kilometers (5.8miles). The project would construct SR–
76 as a four-lane conventional highway
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14838-14839]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7000]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Noise Exposure Map Notice; Receipt of Noise Compatibility Program
and Request for Review; Kansas City International Airport, Kansas City,
MO
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure maps submitted by the Kansas City
Aviation Department for the Kansas City International Airport under the
provisions of 49 U.S.C. 47501 et seq. (Aviation Safety and Noise
Abatement Act, herein after referred to as ``the Act'') and 14 Code of
Federal Regulations (CFR) part 150 (hereinafter referred to as ``Part
150'') are in compliance with applicable requirements. The FAA also
announces that it is reviewing a proposed noise compatibility program
that was submitted for the Kansas City International Airport under Part
150 in conjunction with the noise exposure map, and that this program
will be approved or disapproved on or before September 16, 2009.
DATES: The effective date of the FAA's determination on the noise
exposure maps and of the start of its review of the associated noise
compatibility program is March 20, 2009. The public comment period ends
May 19, 2009.
FOR FURTHER INFORMATION CONTACT: FAA, Todd Madison, ACE-61 1 F, 901
Locust, Room 335, Kansas City, Missouri 64106-2325,
todd.madison@faa.qov, 816-329-2640. Comments on the proposed noise
compatibility program should also be submitted to the above office.
SUPPLEMENTARY INFORMATION: This notice announces the FAA finds that the
noise exposure maps submitted for the Kansas City International Airport
are in compliance with applicable requirements of Part 150, effective
March 20, 2009. Further, FAA is reviewing a proposed noise
compatibility program for that airport which will be approved or
disapproved on or before September 16, 2009. This notice also announces
the availability of this program for public review and comment.
Under 49 U.S.C., section 47503 of the Act, an airport operator may
submit to the FAA noise exposure maps which meet applicable regulations
and which depict non-compatible land uses as of the date of submission
of such maps, a description of projected aircraft operations, and the
ways in which such operations will affect such maps. The Act requires
such maps to be developed in consultation with interested and affected
parties in the local community, government agencies, and persons using
the airport.
An airport operator who has submitted noise exposure maps that are
found by FAA to be in compliance with the requirements of Part 150,
promulgated pursuant to the Act, may submit a noise compatibility
program for FAA approval which sets forth the measures the operator has
taken or proposes to take to reduce existing non-compatible uses and
prevent the introduction of additional non-compatible uses.
The Kansas City Aviation Department submitted to the FAA on March
6, 2009, noise exposure maps, descriptions and other documentation that
were produced during the ``2008 Update to 14 CFR Part 150 Noise
Exposure Maps and
[[Page 14839]]
Noise Compatibility Program.'' It was requested that the FAA review
this material as the noise exposure maps, as described in section 47503
of the Act, and that the noise mitigation measures, to be implemented
jointly by the airport and surrounding communities, be approved as a
noise compatibility program under section 47504 of the Act.
The FAA has completed its review of the noise exposure maps and
related descriptions submitted by the Kansas City Aviation Department.
The specific documentation determined to constitute the noise exposure
maps includes: Current Noise Exposure Map (2008) as shown on Exhibit
NEM-1, Future Noise Exposure Map/Noise Compatibility Program Map (2013)
as shown on Exhibit NEM-2, and the associated supporting report, ``2008
Update to 14 CFR Part 150 Noise Exposure Maps and Noise Compatibility
Program'', which contains all other narrative, graphic, or tabular
representations of the data as required by section Al 50.101 of Part
150, and sections 47503 and 47506 of the Act. The FAA has determined
that these maps for the Kansas City International Airport are in
compliance with applicable requirements. This determination is
effective on March 20, 2009. FAA's determination on an airport
operator's noise exposure maps is limited to a finding that the maps
were developed in accordance with the procedures contained in appendix
A of FAR part 150. Such determination does not constitute approval of
the applicant's data, information or plans, or constitute a commitment
to approve a noise compatibility program or to fund the implementation
of that program.
If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a noise exposure map
submitted under section 47503 of the Act, it should be noted that the
FAA is not involved in any way in determining the relative locations of
specific properties with regard to the depicted noise contours, or in
interpreting the noise exposure maps to resolve questions concerning,
for example, which properties should be covered by the provisions of
section 47506 of the Act. These functions are inseparable from the
ultimate land use control and planning responsibilities of local
government. These local responsibilities are not changed in any way
under Part 150 or through FAA's review of noise exposure maps.
Therefore, the responsibility for the detailed overlaying of noise
exposure contours onto the map depicting properties on the surface
rests exclusively with the airport operator that submitted those maps,
or with those public agencies and planning agencies with which
consultation is required under section 47503 of the Act. The FAA has
relied on the certification by the airport operator, under section
150.21 of Part 150, that the statutorily required consultation has been
accomplished.
The FAA has formally received the noise compatibility program for
the Kansas City International Airport, also effective on March 20,
2009. Preliminary review of the submitted material indicates that it
conforms to the requirements for the submittal of noise compatibility
programs, but that further review will be necessary prior to approval
or disapproval of the program. The formal review period, limited by law
to a maximum of 180 days, will be completed on or before September 16,
2009.
The FAA's detailed evaluation will be conducted under the
provisions of section 150.33 of Part 150. The primary considerations in
the evaluation process are whether the proposed measures may reduce the
level of aviation safety, create an undue burden on interstate or
foreign commerce, or be reasonably consistent with obtaining the goal
of reducing existing non compatible land uses and preventing the
introduction of additional non-compatible land uses.
Interested persons are invited to comment on the proposed program
with specific reference to these factors. All relevant comments, other
than those properly addressed to local land use authorities, will be
considered by the FAA to the extent practicable. Copies of the noise
exposure maps, the FAA's evaluation of the maps, and the proposed noise
compatibility program are available for examination at the following
locations:
Federal Aviation Administration, Central Region Airports Division,
Room 335, 901 Locust, Kansas City, Missouri 64106-2325, from 7:30 a.m.
to 4 p.m.
Lapondzia Jones, Kansas City Aviation Department, Kansas City
International Airport, 601 Brasilia Avenue, Kansas City, Missouri
64153-2054, from 8 a.m. to 5 p.m.
Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.
Issued in Kansas City, Missouri, March 20, 2009.
Jim A. Johnson,
Manager, Central Region Airports Division.
[FR Doc. E9-7000 Filed 3-31-09; 8:45 am]
BILLING CODE 4910-13-M
