Approval of Noise Compatibility Program for Modesto City-County Airport, Modesto, CA, 39614-39615 [2010-16751]
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Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Notices
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DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[Docket No. FD 35385]
[FR Doc. 2010–16593 Filed 7–8–10; 8:45 am]
Oregon International Port of Coos
Bay—Acquisition Exemption—Rail
Line of Union Pacific Railroad
Company in Coos County, OR
BILLING CODE 4915–01–P
The Oregon International Port of Coos
Bay (Port), a Class III rail carrier, has
filed a verified notice of exemption
under 49 CFR 1150.41 to acquire
approximately 22.37 miles of rail line,
known as the Coquille Branch,1 from
Union Pacific Railroad Company in
Coos County, Or. The line extends
between milepost 763.13, in Cordes,
where it connects to track currently
owned by the Port, and milepost 785.5,
in Coquille, the end of the line.
The Port certifies that its projected
annual revenues as a result of this
transaction will not result in the
creation of a Class II or Class I rail
carrier and further certifies that its
projected annual revenue will not
exceed $5 million.
The earliest this transaction may be
consummated is July 23, 2010, the
effective date of the exemption (30 days
after the exemption was filed).
If the notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
Petitions for stay must be filed no later
than July 16, 2010 (at least 7 days before
the exemption becomes effective).
An original and 10 copies of all
pleadings, referring to Docket No.
35385, must be filed with the Surface
Transportation Board, 395 E Street, SW.,
Washington, DC 20423–0001. In
addition, one copy of each pleading
must be served on Sandra L. Brown,
1920 N Street, NW., Suite 800,
Washington, DC 20036.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: July 2, 2010.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
[FR Doc. 2010–16756 Filed 7–8–10; 8:45 am]
1 The Port states that rail operations are currently
suspended because the previous operator, Central
Oregon & Pacific Railroad, Inc. (CORP), issued an
embargo in 2007 and later obtained discontinuance
authority over the line. See Central Oregon &
Pacific Railroad, Inc.—Abandonment and
Discontinuance of Service—in Coos, Douglas, and
Lane Counties, Or., Docket No. AB 515 (Sub-No. 2)
(served Oct. 31, 2008). The Port further states that
the line is not currently in operable condition, and
thus significant repairs are required. Once the line
becomes operational, the Port plans to have a thirdparty operator in place to provide service.
BILLING CODE 3190–W0–P
VerDate Mar<15>2010
15:17 Jul 08, 2010
Jkt 220001
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Kulunie L. Cannon,
Clearance Clerk.
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility
Program for Modesto City-County
Airport, Modesto, CA
AGENCY: Federal Aviation
Administration, DOT.
ACTION: Notice.
SUMMARY: The Federal Aviation
Administration (FAA) announces its
findings on the noise compatibility
program submitted by the City of
Modesto under the provisions of Title I
of the Aviation Safety and Noise
Abatement Act, as amended, (Pub. L.
96–193) (hereinafter referred to as ‘‘the
Act’’) and 14 CFR Part 150. These
findings are made in recognition of the
description of Federal and nonfederal
responsibilities in Senate Report No.
96–52 (1980). On January 9, 2009, the
FAA determined that the noise exposure
maps submitted by the City of Modesto
under Part 150 were in compliance with
applicable requirements.
DATES: Effective Date: The effective date
of the FAA’s approval of the Noise
Compatibility Program for Modesto
City-County Airport is June 2, 2010.
FOR FURTHER INFORMATION CONTACT:
Camille Garibaldi, Environmental
Protection Specialist, FAA WesternPacific Region, San Francisco Airports
District Office, 831 Mitten Road, Suite
210, Burlingame, California, telephone
number (650) 876–2778 extension 613.
Documents reflecting this FAA action
may be reviewed at this same location.
SUPPLEMENTARY INFORMATION: This
notice announces that the FAA has
given its overall approval to the Noise
Compatibility Program for Modesto
City-County Airport, effective June 2,
2010. Under section 104(a) of the
Aviation Safety and Noise Abatement
Act of 1979, as amended (herein after
referred to as the ‘‘Act’’) [recodified as 49
U.S.C. 47504], an airport operator who
has previously submitted a Noise
Exposure Map may submit to the FAA
a Noise Compatibility Program which
sets forth the measures taken or
proposed by the airport operator for the
reduction of existing non-compatible
land uses and prevention of additional
non-compatible land uses within the
area covered by the Noise Exposure
E:\FR\FM\09JYN1.SGM
09JYN1
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Notices
Maps. The Act requires such programs
to be developed in consultation with
interested and affected parties including
local communities, government
agencies, airport users, and FAA
personnel.
Each airport noise compatibility
program developed in accordance with
Federal Aviation Regulations (FAR) Part
150 is a local program, not a Federal
program. The FAA does not substitute
its judgment for that of the airport
proprietor with respect to which
measures should be recommended for
action. The FAA’s approval or
disapproval of FAR Part 150 program
recommendations is measured
according to the standards expressed in
Part 150 and the Act, and is limited to
the following determinations:
a. The Noise Compatibility Program
was developed in accordance with the
provisions and procedures of FAR Part
150;
b. Program measures are reasonably
consistent with achieving the goals of
reducing existing non-compatible land
uses around the airport and preventing
the introduction of additional noncompatible land uses;
c. Program measures would not create
an undue burden on interstate or foreign
commerce, unjustly discriminate against
types or classes of aeronautical uses,
violate the terms of airport grant
agreements, or intrude into areas
preempted by the Federal Government;
and
d. Program measures relating to the
use of flight procedures can be
implemented within the period covered
by the program without derogating
safety, adversely affecting the efficient
use and management of the navigable
airspace and air traffic control systems,
or adversely affecting other powers and
responsibilities of the Administrator
prescribed by law.
Specific limitations with respect to
FAA’s approval of an airport noise
compatibility program are delineated in
FAR Part 150, section 150.5. Approval
is not a determination concerning the
acceptability of land uses under Federal,
State, or local law. Approval does not by
itself constitute an FAA implementing
action. A request for Federal action or
approval to implement specific noise
compatibility measures may be
required, and an FAA decision on the
request may require an environmental
assessment of the proposed action.
Approval does not constitute a
commitment by the FAA to financially
assist in the implementation of the
program nor a determination that all
measures covered by the program are
eligible for grant-in-aid funding from the
FAA under the Airport and Airway
VerDate Mar<15>2010
15:17 Jul 08, 2010
Jkt 220001
Improvement Act of 1982, as amended.
Where Federal funding is sought,
requests for project grants must be
submitted to the FAA Western-Pacific
Region, San Francisco Airports District
Office in Burlingame, California.
The City of Modesto submitted to the
FAA on October 2, 2008, the Noise
Exposure Maps for evaluation. The FAA
determined that the Noise Exposure
Maps were in compliance with
applicable requirements on January 9,
2009. Notice of this determination was
published in the Federal Register on
January 26, 2009.
The Modesto City-County Airport
study contains a proposed noise
compatibility program comprised of
actions designed for phased
implementation by airport management
and adjacent jurisdictions. It was
requested that the FAA evaluate and
approve this material as a Noise
Compatibility Program as described in
49 U.S.C. 47504 (formerly Section
104(b) of the Act). The FAA began its
review of the program on December 9,
2009 and was required by a provision of
the Act to approve or disapprove the
program within 180 days (other than the
use of new or modified flight
procedures for noise control). Failure to
approve or disapprove such program
within the 180-day period shall be
deemed to be an approval of such
program.
The Noise Compatibility Program
recommended two noise abatement
elements, four land use management
elements and one program management
element. The FAA completed its review
and determined that the procedural and
substantive requirements of the Act and
FAR Part 150 have been satisfied. The
overall program was approved, by the
Manager of the Airports Division,
Western-Pacific Region, effective June 2,
2010.
Approval was granted for one Noise
Abatement Element, four Land Use
Management Elements and one Program
Management Element. The approved
measures included: Designate a
commercial service hold area near
midfield; Adopt the Modesto CityCounty Airport Part 150 Noise
Compatibility Program by reference in
the cities of Modesto and Ceres, and
Stanislaus County General Plans;
Consistently designate the area
northwest of the airport within the City
of Modesto and Stanislaus County
General Plan; The City of Modesto
should consider adopting an airport
compatibility checklist for discretionary
review of projects within its vicinity;
Adopt a Noise Overlay Zone; and
Update Noise Exposure Maps and Noise
Compatibility Program.
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
39615
The Noise Abatement Element—
Pursue a change to the Department of
Defense’s Instrument Flight Rule
Supplement was disapproved for
purposes of Part 150. The FAA
disapproved the element due to lack of
supporting analysis in the Noise
Compatibility Plan. However, the
disapproval does not prohibit the City of
Modesto from working with the
Department of Defense to revise the
recommended operational hours in the
Instrument Flight Rule Supplement on a
voluntary basis.
The FAA determinations are set forth
in detail in the Record of Approval
signed by the Manager of the Airports
Division, Western-Pacific Region, on
June 2, 2010. The Record of Approval,
as well as other evaluation materials
and the documents comprising the
submittal, are available for review at the
FAA office listed above and at the
administrative offices of the Modesto
City-County Airport. The Record of
Approval also will be available on-line
at: https://www.faa.gov/airports/
environmental/airport_noise/part_150/
states/.
Issued in Hawthorne, California, on June
18, 2010.
Brian Q. Armstrong,
Acting Manager, Airports Division, WesternPacific Region, AWP–600.
[FR Doc. 2010–16751 Filed 7–8–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with part 211 of title 49
Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) has
received a request for a waiver of
compliance from certain requirements
of its safety standards. 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.
Orange Empire Railway Museum
[Waiver Petition Docket Number FRA–2010–
0102]
The Orange Empire Railway Museum
(OERM) seeks a waiver of compliance
from certain provisions of the Railroad
Freight Car Safety Standards, 49 CFR
215.303, which requires stenciling of
restricted cars; as well as 49 CFR 224.3,
which requires Reflectorization for
freight cars.
E:\FR\FM\09JYN1.SGM
09JYN1
]]>Agencies
[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Notices]
[Pages 39614-39615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16751]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of Noise Compatibility Program for Modesto City-County
Airport, Modesto, CA
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings on the noise compatibility program submitted by the City of
Modesto under the provisions of Title I of the Aviation Safety and
Noise Abatement Act, as amended, (Pub. L. 96-193) (hereinafter referred
to as ``the Act'') and 14 CFR Part 150. These findings are made in
recognition of the description of Federal and nonfederal
responsibilities in Senate Report No. 96-52 (1980). On January 9, 2009,
the FAA determined that the noise exposure maps submitted by the City
of Modesto under Part 150 were in compliance with applicable
requirements.
DATES: Effective Date: The effective date of the FAA's approval of the
Noise Compatibility Program for Modesto City-County Airport is June 2,
2010.
FOR FURTHER INFORMATION CONTACT: Camille Garibaldi, Environmental
Protection Specialist, FAA Western-Pacific Region, San Francisco
Airports District Office, 831 Mitten Road, Suite 210, Burlingame,
California, telephone number (650) 876-2778 extension 613. Documents
reflecting this FAA action may be reviewed at this same location.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA has given
its overall approval to the Noise Compatibility Program for Modesto
City-County Airport, effective June 2, 2010. Under section 104(a) of
the Aviation Safety and Noise Abatement Act of 1979, as amended (herein
after referred to as the ``Act'') [recodified as 49 U.S.C. 47504], an
airport operator who has previously submitted a Noise Exposure Map may
submit to the FAA a Noise Compatibility Program which sets forth the
measures taken or proposed by the airport operator for the reduction of
existing non-compatible land uses and prevention of additional non-
compatible land uses within the area covered by the Noise Exposure
[[Page 39615]]
Maps. The Act requires such programs to be developed in consultation
with interested and affected parties including local communities,
government agencies, airport users, and FAA personnel.
Each airport noise compatibility program developed in accordance
with Federal Aviation Regulations (FAR) Part 150 is a local program,
not a Federal program. The FAA does not substitute its judgment for
that of the airport proprietor with respect to which measures should be
recommended for action. The FAA's approval or disapproval of FAR Part
150 program recommendations is measured according to the standards
expressed in Part 150 and the Act, and is limited to the following
determinations:
a. The Noise Compatibility Program was developed in accordance with
the provisions and procedures of FAR Part 150;
b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
Specific limitations with respect to FAA's approval of an airport
noise compatibility program are delineated in FAR Part 150, section
150.5. Approval is not a determination concerning the acceptability of
land uses under Federal, State, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the program nor a determination that all measures
covered by the program are eligible for grant-in-aid funding from the
FAA under the Airport and Airway Improvement Act of 1982, as amended.
Where Federal funding is sought, requests for project grants must be
submitted to the FAA Western-Pacific Region, San Francisco Airports
District Office in Burlingame, California.
The City of Modesto submitted to the FAA on October 2, 2008, the
Noise Exposure Maps for evaluation. The FAA determined that the Noise
Exposure Maps were in compliance with applicable requirements on
January 9, 2009. Notice of this determination was published in the
Federal Register on January 26, 2009.
The Modesto City-County Airport study contains a proposed noise
compatibility program comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions. It was
requested that the FAA evaluate and approve this material as a Noise
Compatibility Program as described in 49 U.S.C. 47504 (formerly Section
104(b) of the Act). The FAA began its review of the program on December
9, 2009 and was required by a provision of the Act to approve or
disapprove the program within 180 days (other than the use of new or
modified flight procedures for noise control). Failure to approve or
disapprove such program within the 180-day period shall be deemed to be
an approval of such program.
The Noise Compatibility Program recommended two noise abatement
elements, four land use management elements and one program management
element. The FAA completed its review and determined that the
procedural and substantive requirements of the Act and FAR Part 150
have been satisfied. The overall program was approved, by the Manager
of the Airports Division, Western-Pacific Region, effective June 2,
2010.
Approval was granted for one Noise Abatement Element, four Land Use
Management Elements and one Program Management Element. The approved
measures included: Designate a commercial service hold area near
midfield; Adopt the Modesto City-County Airport Part 150 Noise
Compatibility Program by reference in the cities of Modesto and Ceres,
and Stanislaus County General Plans; Consistently designate the area
northwest of the airport within the City of Modesto and Stanislaus
County General Plan; The City of Modesto should consider adopting an
airport compatibility checklist for discretionary review of projects
within its vicinity; Adopt a Noise Overlay Zone; and Update Noise
Exposure Maps and Noise Compatibility Program.
The Noise Abatement Element--Pursue a change to the Department of
Defense's Instrument Flight Rule Supplement was disapproved for
purposes of Part 150. The FAA disapproved the element due to lack of
supporting analysis in the Noise Compatibility Plan. However, the
disapproval does not prohibit the City of Modesto from working with the
Department of Defense to revise the recommended operational hours in
the Instrument Flight Rule Supplement on a voluntary basis.
The FAA determinations are set forth in detail in the Record of
Approval signed by the Manager of the Airports Division, Western-
Pacific Region, on June 2, 2010. The Record of Approval, as well as
other evaluation materials and the documents comprising the submittal,
are available for review at the FAA office listed above and at the
administrative offices of the Modesto City-County Airport. The Record
of Approval also will be available on-line at: https://www.faa.gov/airports/environmental/airport_noise/part_150/states/.
Issued in Hawthorne, California, on June 18, 2010.
Brian Q. Armstrong,
Acting Manager, Airports Division, Western-Pacific Region, AWP-600.
[FR Doc. 2010-16751 Filed 7-8-10; 8:45 am]
BILLING CODE 4910-13-P
