Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 78799 

telephone: (202) 493–4890, e-mail: 

dennis.walsh@faa.gov. A draft Program 

Guidance Letter is available on-line at 

http://www.faa.gov/airports/aip/ 

bc_analysis/. In addition, hard copies 

can be reviewed at Room 619, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591. 

Comments Invited: ADDRESSES: You 

may send comments [identified by 

Docket Number FAA–2010–1220] 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: Docket Operations, U.S. 

Department of Transportation, West 

Building, Ground Floor, Room W12– 

140, Routing Symbol M–30, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

• Fax: 1–202–493–2251. 

• Hand Delivery: To Docket 

Operations, Room W12–140 on the 

ground floor of the West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, 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. For 

more information, see the Privacy Act 

discussion in the SUPPLEMENTARY

INFORMATION section of this document. 

Docket: To read background 

documents or comments received, go to 

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

or to Room W12–140 on the ground 

floor of the West Building, 1200 New 

Jersey Avenue, SE., Washington, DC, 

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

through Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: Title 49 

U.S.C. Section 47115(d) specifies that, 

in selecting projects for discretionary 

grants to preserve and enhance capacity 

at airports, the Secretary must consider 

the benefits and costs of the projects. In 

1994, FAA established its policy on 

Benefit Cost Analysis (BCA) 

requirements for airport capacity 

projects; factors leading to these 

requirements included: 

a. The need to improve the 

effectiveness of Federal airport 

infrastructure investments in light of a 

decline in Federal AIP budgets; 

b. Issuance of Executive Order 12893, 

‘‘Principles for Federal Infrastructure 

Investments’’ (January 26, 1994); 

c. Guidance from Congress citing the 

need for economic airport investment 

criteria; and 

d. Statutory language from 1994 

included in Title 49 U.S.C. Section 

47115(d) specifies that in selecting 

projects for discretionary grants to 

preserve and enhance capacity at 

airports, the Secretary shall consider the 

benefits and costs of the projects (See 49 

U.S.C. 47115. Discretionary Fund). 

The FAA implemented the BCA 

policy to include this requirement for 

capacity projects at all categories of 

airports in order to limit FAA’s risks 

when investing large amounts of 

discretionary funds. The FAA uses the 

conclusions reached in the BCA review 

to determine policy and funding 

decisions on possible future Federal 

investments. 

In 1997, FAA implemented a new 

BCA policy which transferred the 

responsibility of preparing the BCA 

from FAA to the sponsor. In addition, 

the policy lowered the dollar threshold 

from $10 million in AIP Discretionary 

funds (established in 1994) to $5 

million, citing three reasons related to 

Executive Order 12893, technical 

feasibility of lowering the threshold and 

workload considerations. 

The change to the $5 million 

threshold was made policy in 1997 and 

formalized in a 1999 Federal Register 

notice, Federal Aviation Administration 

Policy and Final Guidance Regarding 

Benefit Cost Analysis (BCA) on Airport 

Capacity Projects for FAA Decisions on 

Airport Improvement Program (AIP) 

Discretionary Grants and Letters of 

Intent (LOI), 64 FR 70107 (December 15, 

1999). 

Since 1997, policy has required 

sponsors to conduct BCAs for capacity 

projects for which more than $5 million 

in AIP Discretionary funding will be 

requested. In developing the draft 

guidance increasing the threshold, FAA 

reviewed the reasons why the BCA 

threshold amount was lowered in 1997 

and concluded that the previous reasons 

do not present a sufficient basis to 

warrant maintaining the $5 million level 

threshold today. 

FAA has gained valuable experience 

assessing the implementation of the 

policy and the need to further clarify the 

threshold requirements for BCA. The $5 

million threshold has remained 

unchanged for over 13 years while the 

cost of construction has risen 

significantly. A construction cost of $5 

million in 1997 was equivalent to $9.8 

million in July 2008. The $5 million 

threshold has required both FAA and 

sponsors of non-primary and non-hub 

primary airports to devote substantial 

financial and staff resources in 

preparing and evaluating BCAs for 

relatively small projects with readily 

apparent capacity benefits. 

Based on the increase in construction 

costs, FAA has concluded that $10 

million in AIP Discretionary funds is 

the appropriate threshold for fiscal year 

2011 and beyond. Further explanation 

for this conclusion is detailed in the 

draft PGL. Under the draft guidance, the 

BCA threshold is being increased to $10 

million, the FAA would retain the right 

to require a BCA for any capacity 

project, in order to evaluate the 

reasonableness of project costs relative 

to project benefits. 

Additionally, FAA is inviting airport 

sponsors and other interested parties to 

comment on the new $10 million 

threshold for which a BCA must be 

performed. 

Issued in Washington, DC on December 8, 

2010. 

Frank San Martin, 

Manager, Airports Financial Assistance 

Division. 

[FR Doc. 2010–31614 Filed 12–15–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Noise Compatibility Program Notice, 

Fort Worth Alliance Airport, Fort 

Worth, TX 

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 Fort 

Worth, Texas under the provisions of 49 

U.S.C. (the Aviation Safety and Noise 

Abatement Act, 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 September 7, 2006, the 

FAA determined that the noise exposure 

maps submitted by the city of Fort 

Worth, Texas under Part 150 were in 

compliance with applicable 

requirements. Subsequent to this 

determination, the future condition 

noise exposure map was revised to 

reflect additional military operations 

proposed by the Department of Defense. 

This revision delayed acceptance of the 

future condition noise exposure map 

until May 5, 2009. On December 1, 

2010, the FAA approved the Fort Worth 

Alliance Airport noise compatibility 

program. Most of the recommendations 

of the program were approved. No 

program elements relating to new or 

revised flight procedures for noise 

abatement were proposed by the city of 

Fort Worth. 


srobinson on DSKHWCL6B1PROD with NOTICES
78800 Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / Notices 

DATES: Effective Date: The effective date 

of the FAA’s approval of the Fort Worth 

Alliance Airport noise compatibility 

program is December 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

DOT/FAA Southwest Region, Mr. Paul 

Blackford, ASW–652B, 2601 Meacham 

Boulevard, Fort Worth, Texas 76137. 

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 Fort Worth 

Alliance Airport, effective December 1, 

2010. 

Under section 47504 of the Act, 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 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. Where Federal funding is sought, 

requests for project grants must be 

submitted to the FAA Regional Office in 

Fort Worth, Texas. 

The city of Fort Worth submitted to 

the FAA on July 30, 2010, the noise 

exposure maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from August 9, 2005 through 

July 30, 2010. The final Fort Worth 

Alliance Airport noise exposure maps 

were determined by FAA to be in 

compliance with applicable 

requirements on May 5, 2009. Notice of 

this determination was published in the 

Federal Register on May 14, 2009. 

The Fort Worth Alliance Airport 

study contains a proposed noise 

compatibility program comprised of 

actions designed for phased 

implementation by airport management 

and adjacent jurisdictions from July 30, 

2010, to the year 2014. It was requested 

that the 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 July 30, 2010 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 two 

proposed actions for noise mitigation off 

the airport. 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, therefore, was approved by the 

FAA effective December 1, 2010. 

Outright approval was granted for all 

of the specific program elements. 

Approved action items include remedial 

land use mitigation measures consisting 

of land acquisition and a sound 

insulation program. 

These determinations are set forth in 

detail in a Record of Approval signed by 

the Southwest Region, Airports Division 

Manager on December 1, 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 

city of Fort Worth. The Record of 

Approval also will be available on-line 

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

environmental/14cfr150/index14.cfm. 

Issued in Fort Worth, Texas, December 3, 

2010. 

Kelvin L. Solco, 

Manager, Airports Division. 

[FR Doc. 2010–31510 Filed 12–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Delays in Processing of 

Special Permits Applications 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of applications delayed 

more than 180 days. 

SUMMARY: In accordance with the 

requirements of 49 U.S.C. 5117(c), 

PHMSA is publishing the following list 

of special permit applications that have 

been in process for 180 days or more. 

The reason(s) for delay and the expected 

completion date for action on each 

application is provided in association 

with each identified application. 

FOR FURTHER INFORMATION CONTACT: 

Delmer F. Billings, Director, Office of 

Hazardous Materials Special Permits 

and Approvals, Pipeline and Hazardous 

Materials Safety Administration, U.S. 

Department of Transportation, East 

Building, PHH–30, 1200 New Jersey 

Avenue, Southeast, Washington, DC 

20590–0001, (202) 366–4535. 

Key to ‘‘Reason for Delay’’ 

1. Awaiting additional information 

from applicant. 

2. Extensive public comment under 

review. 


srobinson on DSKHWCL6B1PROD with NOTICES