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

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.


### 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.