60962 Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices 

was published in the Federal Register 

on December 29, 2009. 

The Kissimmee Gateway Airport 

study contains a proposed Noise 

Compatibility Program Update 

comprised of actions designed for 

phased implementation by airport 

management and adjacent jurisdictions 

from Sepember 23, 2011 to the year 

2014. It was requested that FAA 

evaluate and approve this material as a 

Noise Compatibility Program as 

described in Section 47504 of the Act. 

The FAA began its review of the 

Program on April 1, 2011, 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 submitted Program contained a 

total of nineteen (19) elements, four (4) 

of which were FAA and/or airport 

operator actionable measures for noise 

mitigation on and off the airport. The 

FAA completed its review and 

determined that the procedural and 

substantive requirements of the Act and 

14 CFR part 150 have been satisfied. 

The overall Program, therefore, was 

approved by the FAA effective 

September 23, 2011. 

Outright approval was granted for two 

(2) of the specific program elements. In 

addition, two (2) of the program 

elements were disapproved by the FAA. 

Operational Measure #2 was 

disapproved for purposes of part 150 

because it did not provide any 

quantifiable reduction in noise impacts 

to non-compatible land uses. Land Use 

Measure #16 was disapproved for 

purposes of part 150 because the local 

municipal jurisdictions have not yet 

adopted a lower local standard which 

defines incompatible land uses below 

DNL 65 dBA. The other fifteen (15) 

program elements were elements from 

the original Noise Compatibility 

Program completed by the City of 

Kissimmee and approved by the FAA in 

1994, which were requested to be 

rescinded by the airport operator in the 

current Program. At the airport 

operators request, the FAA has 

withdrawn its 1994 approval of these 15 

elements in accordance with 14 CFR 

part 150.35(d)(5). 

These determinations are set forth in 

detail in a Record of Approval signed by 

the FAA on September 23, 2011. 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 office of the 

City of Kissimmee. The Record of 

Approval also will be available on-line 

at: http://www.faa.gov/ 

airports_airtraffic/airports/ 

environmental/airport_noise/part_150/ 

states/. 

Issued in Orlando, Florida on September 

23, 2011. 

W. Dean Stringer, 

Manager, Orlando Airports District Office. 

[FR Doc. 2011–25155 Filed 9–29–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Exposure Map Update for 

Buffalo Niagara International Airport, 

Buffalo, NY 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

determination that the updated noise 

exposure maps submitted by the Niagara 

Frontier Transportation Authority 

(NFTA), for Buffalo Niagara 

International Airport, under the 

provisions of 49 U.S.C. 47501 et seq. 

(Aviation Safety and Noise Abatement 

Act) and 14 CFR Part 150 are in 

compliance with applicable 

requirements. 

DATES: Effective Date: The effective date 

of the FAA’s determination on the noise 

exposure maps is September 20, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Suki Gill, Environmental Protection 

Specialist, Federal Aviation 

Administration, New York Airports 

District Office, 600 Old Country Road, 

Suite 446, Garden City, NY 11530, 

Telephone (516) 227–3815. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA finds 

that the updated noise exposure maps 

submitted for Buffalo Niagara 

International Airport are in compliance 

with applicable requirements of 14 Code 

of Federal Regulations (CFR) part 150 

(hereinafter referred to as ‘‘part 150’’), 

effective September 20, 2011. Under 49 

U.S.C. section 47503 of the Aviation 

Safety and Noise Abatement Act 

(hereinafter referred to as ‘‘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 FAA has completed its review of 

the noise exposure maps and 

accompanying documentation 

submitted by the NFTA. The 

documentation that constitutes the 

‘‘Noise Exposure Maps’’ as defined in 

section 150.7 of part 150 includes: 

Figure 6 ‘‘2008 Noise Exposure Map 

with Land Use’’ and Figure 9 ‘‘2013 

Noise Exposure Map & Affected Land 

Uses.’’ The FAA has determined that 

these noise exposure maps and 

accompanying documentation are in 

compliance with applicable 

requirements. This determination is 

effective on September 20, 2011. 

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 

part 150. Such determination does not 

constitute approval of the applicant’s 

data, information or plans, or 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 

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Federal Register / Vol. 76, No. 190 / Friday, September 30, 2011 / Notices 60963 

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. 

Copies of the full noise exposure map 

documentation and of the FAA’s 

evaluation of the maps are available for 

examination at the following locations: 

Federal Aviation Administration, New York Airports District Office, 600 

Old Country Road, Suite 446, Garden City, NY 11530. Monday–Friday—9 a.m.–4 p.m.

BNIA Noise Demonstration Home, 68 Cayuga Road, Buffalo, NY 

14225. Monday–Friday—9 a.m.–4 p.m. (716) 632–3506. 

Niagara Frontier Transportation Authority, Buffalo Niagara International 

Airport, 4200 Genesee Street, Buffalo, NY 14225, (716) 630–6000, 

Available upon request http://www.nfta.com.

Questions may be directed to the 

individual named above under the 

heading FOR FURTHER INFORMATION

CONTACT. 

Issued in Jamaica, New York, on 

September 21, 2011. 

Tom Felix, 

Manager, Planning & Programming, AEA– 

610, Eastern Region. 

[FR Doc. 2011–25154 Filed 9–29–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Notice of Limitation on Claims Against 

Proposed Public Transportation 

Projects 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of limitation on claims. 

SUMMARY: This notice announces final 

environmental actions taken by the 

Federal Transit Administration (FTA) 

for the following projects: (1) 

Middletown Train Station Relocation, 

Pennsylvania Department of 

Transportation, Middletown Borough 

and Lower Swatara Township, PA; (2) 

Union Station to Oak Cliff Dallas 

Streetcar, North Central Texas Council 

of Governments, Dallas, TX; (3) Wilshire 

Bus Rapid Transit Project, Los Angeles 

County Metropolitan Transportation 

Authority, Los Angeles, CA; (4) Cedar 

Avenue Bus Rapid Transit Station-toStation Service, Minnesota Valley 

Transit Authority and Metropolitan 

Council, Cities of Lakeville, Apple 

Valley, Eagan, and Bloomington, MN; 

and (5) Albany Multimodal Transit 

Center, City of Albany and Georgia 

Department of Transportation, City of 

Albany, Dougherty County, GA. The 

purpose of this notice is to announce 

publicly the environmental decisions by 

FTA on the subject projects and to 

activate the limitation on any claims 

that may challenge these final 

environmental actions. 

DATES: By this notice, FTA is advising 

the public of final agency actions 

subject to Section 139(l) of Title 23, 

United States Code (U.S.C.). A claim 

seeking judicial review of the FTA 

actions announced herein for the listed 

public transportation project will be 

barred unless the claim is filed on or 

before March 28, 2012. 

FOR FURTHER INFORMATION CONTACT: Carl 

Bausch, Director, Office of Human and 

Natural Environment, (202) 366–1626, 

or Christopher Van Wyk, AttorneyAdvisor, Office of Chief Counsel, (202) 

366–1733. FTA is located at 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. Office hours are from 9 a.m. to 

5:30 p.m., EST, Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that FTA has taken final 

agency actions by issuing certain 

approvals for the public transportation 

projects listed below. The actions on 

these projects, as well as the laws under 

which such actions were taken, are 

described in the documentation issued 

in connection with the project to 

comply with the National 

Environmental Policy Act (NEPA) and 

in other documents in the FTA 

administrative record for the projects. 

Interested parties may contact either the 

project sponsor or the relevant FTA 

Regional Office for more information on 

the project. Contact information for 

FTA’s Regional Offices may be found at 

http://www.fta.dot.gov. 

This notice applies to all FTA 

decisions on the listed projects as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including, but not limited to, NEPA [42 

U.S.C. 4321–4375], Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303], Section 106 of the 

National Historic Preservation Act [16 

U.S.C. 470f], and the Clean Air Act [42 

U.S.C. 7401–7671q]. This notice does 

not, however, alter or extend the 

limitation period of 180 days for 

challenges of project decisions subject 

to previous notices published in the 

Federal Register. The projects and 

actions that are the subject of this notice 

are: 

1. Project name and location: 

Middletown Train Station Relocation, 

Middletown Borough and Lower 

Swatara Township, PA. Project sponsor: 

Pennsylvania Department of 

Transportation. Project description: The 

project will relocate the Middletown 

Train Station in from Mill Street to Ann 

Street/Airport Drive (State Road 441). 

The project would require acquisition of 

land from Abbco Real Properties at the 

proposed Westporte Retail Center (on 

the AP Green site) for the proposed 

parking lot at 350 West Main Street 

(Route 230). The proposed Train Station 

platforms would be located just west of 

350 West Main Street in Middletown. 

Final agency actions: Section 4(f) 

determination; Section 106 finding of no 

adverse effect; regional and project-level 

air quality conformity; and a Finding of 

No Significant Impact (FONSI), dated 

August 2011. Supporting 

documentation: Environmental 

Assessment, dated June 2011. 

2. Project name and location: Union 

Station to Oak Cliff Dallas Streetcar, 

Dallas, TX. Project sponsor: North 

Central Texas Council of Governments. 

Project description: The project consists 

of an approximately 1.6-mile streetcar 

alignment operating on an at-grade track 

in a dedicated, bi-directional streetcar 

lane. The project includes four proposed 

stops, all located within the roadway 

right-of-way. To maintain and store the 

streetcar vehicles, the project will rely 

on the Dallas Area Rapid Transit’s 

Central Rail Operating Facility. Final 

agency actions: Section 4(f) de minimis 

impact determination; Section 106 

finding of no adverse effect; regional 

and project-level air quality conformity; 

and a Finding of No Significant Impact 

(FONSI), dated July 2011. Supporting 

documentation: Environmental 

Assessment, dated May 2011. 

3. Project name and location: Wilshire 

Bus Rapid Transit Project, Los Angeles, 

CA. Project sponsor: Los Angeles 

County Metropolitan Transportation 

Authority. Project description: The 

project involves construction of 9.7 

miles of dedicated bus lanes from 

Valencia Street to San Vicente 

Boulevard (6.1 miles), the western 

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