Notice of Final Federal Agency Actions on Proposed Highway in California, 14839-14840 [E9-7278]
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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
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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]
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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
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14840
Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
with right-of-way and grading to
accommodate future widening, if
justified. The project would require
channelization lanes in some locations
and would be constructed to
accommodate six-lanes in response to
the channelization need. The Existing
Alignment Alternative has been selected
as the Preferred Alternative and the
Least Environmentally Damaging
Practicable Alternative (LEDPA). The
FHWA project reference number is
FHWA–CA–EIS–07–01–F. The actions
by the Federal agencies, and the laws
under which such actions were taken,
are described in the Final
Environmental Impact Statement (FEIS)
for the project, approved on November
26, 2008, in the FHWA Record of
Decision (ROD) issued on March 3,
2009, and in other documents in the
FHWA project records. The FEIS, ROD,
and other project records are available
by contacting Caltrans at the addresses
provided above. The Caltrans FEIS and
ROD can be viewed and downloaded
from the project Web site at https://
www.keepsandiegomoving.com/sr76.html. Pending federal actions
include:
• 401 Water Quality Certification
from the Regional Water Quality Control
Board, under Section 401 of the Clean
Water Act.
• 404 Permit pursuant to the
Memorandum of Understanding Among
the FHWA; Caltrans, USACE, U.S. Fish
and Wildlife Service and the National
Marine Fisheries Service for the
National Environmental Policy Act and
the Clean Water Act Section 404
Integration Process for Federal Aid
Surface Transportation Projects in
California (NEPA/404 MOU).
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
such actions were taken, including but
not limited to:
1. Council on Environmental Quality
regulations;
2. National Environmental Policy Act
(NEPA);
3. Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU);
4. Department of Transportation Act
of 1966;
5. Federal Aid Highway Act of 1970;
6. Clean Air Act Amendments of
1990;
7. Clean Water Act of 1977 and 1987;
8. Endangered Species Act of 1973;
9. Migratory Bird Treaty Act;
10. Farmland Protection Policy Act of
1981;
11. Title VI of the Civil Rights Act of
1964;
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17:46 Mar 31, 2009
Jkt 217001
12. Uniform Relocation Assistance
and Real Property Acquisition Act of
1970;
13. National Historic Preservation Act
of 1966;
14. Historic Sites Act of 1935;
15. Executive Order 11990, Protection
of Wetlands;
16. Executive Order 13112, Invasive
Species;
17. Executive Order 11988,
Floodplain Management; and,
18. Executive Order 12898,
Environmental Justice.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1)
Issued on: March 25, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway
Administration, Sacramento, California.
[FR Doc. E9–7278 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Informational Filing To Test
a Processor-Based Signal and Train
Control System and a Request for
Waiver of Compliance
In accordance with Part 211 of Title
49 of the Code of Federal Regulations
(CFR), notice is hereby given that the
Federal Railroad Administration (FRA)
received a request for a waiver of
compliance from certain requirements
of its Federal railroad safety regulations.
The individual petition is described
below, including the party seeking
relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
CSX Transportation, Inc.
(Docket Number FRA–2006–25057)
On June 11, 2007, FRA authorized
CSX Transportation, Inc. (CSXT) to
conduct limited field testing of its
Communications Based Train
Management (CBTM) system. CBTM is a
non-vital safety-critical overlay
designed to supplement the existing
method of operation to protect against
the consequence of human error. As part
of this authorization, FRA granted CSXT
temporary conditional relief from
certain requirements of the Federal
railroad safety regulations, including
specific sections of the following Parts
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of Title 49 of the CFR: 216 (Special
notice and emergency order procedures:
Railroad track, locomotive and
equipment), 217 (Railroad operating
rules), 218 (Railroad operating
practices), 229 (Railroad locomotive
safety standards), 233 (Signal systems
reporting requirements), 235
(Instructions governing applications for
approval or a discontinuance or material
modification of a signal system or relief
from the requirements of part 236), 236
(Rules, standards, and instructions
governing the installation, inspection,
maintenance, and repair of signal and
train control systems, devices, and
appliances), and 240 (Qualification and
certification of locomotive engineers).
Details of the exact relief granted are
found in FRA’s June 11, 2007, letter
(document number FRA–2006–25057–
0008).
The CBTM test territory authorized
was 144.9 miles of CSXT trackage on the
Blue Ridge Subdivision of the
Huntington Division West, and 128.1
miles of CSXT trackage on two
subdivisions, the Spartanburg and
McCormick subdivisions of the Florence
Division.
In association with the continued
development and implementation
testing of the CBTM system, by letter
dated August 13, 2008, CSXT submitted
an amended informational filing and
waiver petition seeking to modify the
terms of FRA’s June 11, 2007, approval.
In its August 13, 2008, waiver petition,
CSXT asserts that because of increased
traffic in the approved test territories,
recent signal system upgrades have been
completed that limit its ability to
properly conduct CBTM fields tests in
the previously approved territory.
Accordingly, CSXT requests that FRA
amend its original approval and waiver
to apply to new test territories on the
railroad’s Aberdeen and Andrews’s
subdivisions. Specifically, CSXT
requests authority to test its CBTM
system consistent with the conditions
outlined in FRA’s June 11, 2007,
approval on 86.9 miles of CSXT trackage
on the Aberdeen subdivision and 156.6
miles of CSXT trackage on the Andrews
subdivision. Both the Aberdeen and
Andrews subdivision are part of CSXT’s
Florence Division.
For information purposes only, FRA
is also providing notice that pursuant to
49 CFR 236.913(j), CSXT has submitted
an amended informational filing
pertaining to enhancements that have
been made to the CBTM system. FRA
will accept comments on the amended
informational filing only as far as that
document requires waivers from
regulatory requirements.
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]]>Agencies
[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14839-14840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7278]
-----------------------------------------------------------------------
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 (5.8-miles). The project would construct
SR-76 as a four-lane conventional highway
[[Page 14840]]
with right-of-way and grading to accommodate future widening, if
justified. The project would require channelization lanes in some
locations and would be constructed to accommodate six-lanes in response
to the channelization need. The Existing Alignment Alternative has been
selected as the Preferred Alternative and the Least Environmentally
Damaging Practicable Alternative (LEDPA). The FHWA project reference
number is FHWA-CA-EIS-07-01-F. The actions by the Federal agencies, and
the laws under which such actions were taken, are described in the
Final Environmental Impact Statement (FEIS) for the project, approved
on November 26, 2008, in the FHWA Record of Decision (ROD) issued on
March 3, 2009, and in other documents in the FHWA project records. The
FEIS, ROD, and other project records are available by contacting
Caltrans at the addresses provided above. The Caltrans FEIS and ROD can
be viewed and downloaded from the project Web site at https://www.keepsandiegomoving.com/sr-76.html. Pending federal actions include:
401 Water Quality Certification from the Regional Water
Quality Control Board, under Section 401 of the Clean Water Act.
404 Permit pursuant to the Memorandum of Understanding
Among the FHWA; Caltrans, USACE, U.S. Fish and Wildlife Service and the
National Marine Fisheries Service for the National Environmental Policy
Act and the Clean Water Act Section 404 Integration Process for Federal
Aid Surface Transportation Projects in California (NEPA/404 MOU).
This notice applies to all Federal agency decisions as of the
issuance date of this notice and all laws under which such actions were
taken, including but not limited to:
1. Council on Environmental Quality regulations;
2. National Environmental Policy Act (NEPA);
3. Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA-LU);
4. Department of Transportation Act of 1966;
5. Federal Aid Highway Act of 1970;
6. Clean Air Act Amendments of 1990;
7. Clean Water Act of 1977 and 1987;
8. Endangered Species Act of 1973;
9. Migratory Bird Treaty Act;
10. Farmland Protection Policy Act of 1981;
11. Title VI of the Civil Rights Act of 1964;
12. Uniform Relocation Assistance and Real Property Acquisition Act
of 1970;
13. National Historic Preservation Act of 1966;
14. Historic Sites Act of 1935;
15. Executive Order 11990, Protection of Wetlands;
16. Executive Order 13112, Invasive Species;
17. Executive Order 11988, Floodplain Management; and,
18. Executive Order 12898, Environmental Justice.
(Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.)
Authority: 23 U.S.C. 139(l)(1)
Issued on: March 25, 2009.
Cindy Vigue,
Director, State Programs, Federal Highway Administration, Sacramento,
California.
[FR Doc. E9-7278 Filed 3-31-09; 8:45 am]
BILLING CODE 4910-RY-P
