39614 Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Notices 

1The 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. 

Comment and Upload File’’ field. USTR 

prefers submissions in Microsoft Word 

(.doc) or Adobe Acrobat (.pdf). If the 

submission is in an application other 

than those two, please indicate the 

name of the application in the 

‘‘Comments’’ field. 

For any proposals submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. Filers of 

submissions containing business 

confidential information must also 

submit a public version of their 

proposals. The file name of the public 

version should begin with the character 

‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the proposal. Filers 

submitting proposals containing no 

business confidential information 

should name their file using the 

character ‘‘P’’, followed by the name of 

the person or entity submitting the 

comment or proposal. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the proposals 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

USTR strongly urges submitters to file 

proposals through http:// 

www.regulations.gov, if at all possible. 

Any alternative arrangements must be 

made with Ms. Blue in advance of 

transmitting a proposal. Ms. Blue 

should be contacted at (202) 395–3475. 

General information concerning the 

Office of the United States Trade 

Representative may be obtained by 

accessing its Internet Web site 

(http://www.ustr.gov). 

Carmen Suro-Bredie, 

Chairman, Trade Policy Staff Committee. 

[FR Doc. 2010–16756 Filed 7–8–10; 8:45 am] 

BILLING CODE 3190–W0–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[Docket No. FD 35385] 

Oregon International Port of Coos 

Bay—Acquisition Exemption—Rail 

Line of Union Pacific Railroad 

Company in Coos County, OR 

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 http:// 

www.stb.dot.gov. 

Decided: July 2, 2010. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. 2010–16593 Filed 7–8–10; 8:45 am] 

BILLING CODE 4915–01–P 

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 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 131 / Friday, July 9, 2010 / Notices 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 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 

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. 

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: http://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. 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1