76068 Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 

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 14 CFR part 150, 

promulgated pursuant to the Act, may 

submit a Noise Compatibility Program 

for FAA approval which sets forth the 

measures the airport operator has taken 

or proposes to take to reduce existing 

non-compatible 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 Naples Airport Authority. 

The documentation that constitutes the 

‘‘Noise Exposure Maps’’ as defined in 

Section 150.7 of 14 CFR part 150 

includes: Figure 43, ‘‘2010 Existing 

Conditions Noise Exposure Map; Figure 

44, ‘‘2015 Five-Year Forecast Conditions 

Noise Exposure Map’’; Figure 11, p. 31 

and Figures 50–55 on pp. 124–134 are 

at required scale in supplemental foldout map entitled ‘‘Consolidated 

Modeling Flight Tracks’’; Section 5.6, 

pp. 110–134; Section 3.1.2, pp 30–34; 

Section 2.4, pp. 23–27; Section 5.5, pp. 

108; Table 2, p. 26; Section 5.5, p. 108; 

Table 7, p. 109. The FAA has 

determined that these Noise Exposure 

Maps and accompanying documentation 

are in compliance with applicable 

requirements. This determination is 

effective on November 23, 2010. 

FAA’s determination on the 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 

14 CFR part 150. Such determination 

does not constitute approval of the 

airport operator’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 exposure 

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 14 

CFR 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 14 CFR part 

150, that the statutorily required 

consultation has been accomplished. 

Copies of the full Noise Exposure 

Maps documentation and of the FAA’s 

evaluation of the maps are available for 

examination at the following locations: 

Federal Aviation Administration, 

Orlando Airports District Office, 5950 

Hazeltine National Drive, Suite 400, 

Orlando, Florida 32822. 

Questions may be directed to the 

individual named above under the 

heading, FOR FURTHER INFORMATION

CONTACT. 

Issued in Orlando, Florida on November 

23, 2010. 

W. Dean Stringer, 

Manager, Orlando Airports District Office. 

[FR Doc. 2010–30588 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–56] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petitions or their final disposition. 

DATES: Comments on these petitions 

must identify the petition docket 

number involved and must be received 

on or before December 17, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–1086 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tyneka L. Thomas, 202–267–7626, or 

Ralen Gao, 202–267–3168, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on December 2, 

2010. 

Dennis Pratte, 

Acting Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2010–1086. 

Petitioner: RLB Aviation, Inc. d.b.a. 

Starfighters, Inc. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 234 / Tuesday, December 7, 2010 / Notices 76069 

Section of 14 CFR Affected: 

§ 91.139(a). 

Description of Relief Sought: RLB 

Aviation, Inc. d.b.a. Starfighters, Inc. 

(Starfighters), requests an exemption 

from § 91.319(a) to allow Starfighters to 

carry persons and property for 

compensation or hire in experimental 

aircraft. 

[FR Doc. 2010–30649 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Random Drug and Alcohol Testing 

Percentage Rates of Covered Aviation 

Employees for the Period of January 1, 

2011, Through December 31, 2011 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The FAA has determined that 

the minimum random drug and alcohol 

testing percentage rates for the period 

January 1, 2011, through December 31, 

2011, will remain at 25 percent of 

safety-sensitive employees for random 

drug testing and 10 percent of safetysensitive employees for random alcohol 

testing. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kevin Kearns, Office of Aerospace 

Medicine, Drug Abatement Division, 

Program Administration Branch (AAM– 

810), Federal Aviation Administration, 

800 Independence Avenue, SW., Room 

806, Washington, DC 20591; Telephone 

(202) 267–8442. 

Discussion: Pursuant to 14 CFR 

120.109(b), the FAA Administrator’s 

decision on whether to change the 

minimum annual random drug testing 

rate is based on the reported random 

drug test positive rate for the entire 

aviation industry. If the reported 

random drug test positive rate is less 

than 1.00%, the Administrator may 

continue the minimum random drug 

testing rate at 25%. In 2009, the random 

drug test positive rate was 0.534%. 

Therefore, the minimum random drug 

testing rate will remain at 25% for 

calendar year 2011. 

Similarly, 14 CFR 120.217(c), requires 

the decision on the minimum annual 

random alcohol testing rate to be based 

on the random alcohol test violation 

rate. If the violation rate remains less 

than 0.50%, the Administrator may 

continue the minimum random alcohol 

testing rate at 10%. In 2009, the random 

alcohol test violation rate was 0.088%. 

Therefore, the minimum random 

alcohol testing rate will remain at 10% 

for calendar year 2011. 

SUPPLEMENTARY INFORMATION: If you 

have questions about how the annual 

random testing percentage rates are 

determined please refer to the Code of 

Federal Regulations Title 14, section 

120.109(b) (for drug testing), and 

120.217(c) (for alcohol testing). 

Issued in Washington, DC, on December 1, 

2010. 

Frederick E. Tilton, 

Federal Air Surgeon. 

[FR Doc. 2010–30659 Filed 12–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Docket Number FRA–2010–0154 

Notice of Application for Approval of 

Discontinuance or Modification of a 

Railroad Signal System 

Pursuant to Title 49 Code of Federal 

Regulations (CFR) part 235 and 49 

U.S.C. 20502(a), the following railroad 

has petitioned the Federal Railroad 

Administration (FRA) seeking approval 

for the discontinuance or modification 

of the signal system as detailed below. 

Applicant: Massachusetts Bay 

Commuter Railroad Company: Mr. John 

B. Mitchell, Deputy Chief of Engineering 

Operations, Massachusetts Bay 

Commuter Railroad Company, 32 

Cobble Hill Road—Suite 3, Somerville, 

MA 02143–4431. 

The Massachusetts Bay Commuter 

Railroad Company (MBCR) seeks 

approval of the proposed modification 

of the signal system on the Fitchburg 

Commuter Rail Line from milepost (MP) 

1.4 Swift Interlocking, in Sommerville, 

Massachusetts, to but not including MP 

25.6 CP—Martin St., in Acton, MA. By 

contract with the owner, the 

Massachusetts Bay Transportation 

Authority (MBTA), and in conjunction 

with the Small Starts American 

Recovery and Rehabilitation Act 

(ARRA), MBCR will be installing 

electronic track circuits on both tracks 

1 and 2 to facilitate a bi-directional 

operation. New interlockings will be 

installed at MP 6, Horgan; MP 9, Beaver 

Brook; MP 10, Moody; MP 18, Hills; and 

MP 25, Maynard Junction. All 

interlockings will be equipped with 

colorlight LED type signal heads and 

electric switch machines. 

The interlockings at West Cambridge, 

Hill Crossing, and Clematis Brook will 

be retired and South Acton will become 

Maynard Junction. The mechanical bedlocking interlocking machine at 

Waltham Tower will be retired. Twentysix existing automatic searchlight style 

signals will be retired, with twenty new 

automatic signals installed. The 

proposed modifications will retire a 

signal system comprised of dc neutral, 

mechanical, and searchlight type relays, 

and traffic control circuitry that operates 

via line wire and cable. Control of the 

territory will be transferred into the 

Commuter Rail Operations Control 

Center in Somerville, MA. This project 

is part of several projects designed to 

decrease passenger train trip time 

between Fitchburg, and Boston, MA. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (Docket No. 

FRA–2010–0154) and may be submitted 

by any of the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at http:// 

www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, and labor union, etc.). You 

may review DOT’s complete Privacy Act 

Statement in the Federal Register 


emcdonald on DSK2BSOYB1PROD with NOTICES