Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 50865 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on September 

24, 2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

Application No. Docket No. Applicant Regulation(s) 

affected Nature of special permits thereof 

14902–N ................ ........................ Federal Aviation Administration.49 CFR 

171.2(k) 

To authorize the transportation in commerce of packagings identified as hazardous material which are actually non-hazardous for purposes of shipping and packaging drills conducted by FAA for air carriers. (modes 

4,5) 

[FR Doc. E9–23535 Filed 9–30–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program, Destin-Ft. Walton Beach 

Airport, Destin, FL 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the Noise Compatibility 

Program submitted by the Oklaloosa 

County 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 January 14, 

2009, the FAA determined that the 

noise exposure maps submitted by 

Okaloosa County under Part 150 were in 

compliance with applicable 

requirements. On July 7, 209, the FAA 

approved the Destin-Ft. Walton Beach 

Airport noise compatibility program. All 

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 airport operators. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the Destin-Ft. 

Walton Beach Airport Noise 

Compatibility Program is July 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Lindy McDowell, Federal Aviation 

Administration, Orlando Airports 

District Office, 5950 Hazeltine National 

Drive, Suite 400, Orlando, FL 32822, 

phone number; 407–812–6331. 

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 Destin-Ft. 

Walton Beach Airport, effective July 7, 

2009. 

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 noncompatible land uses and 

prevention of additional noncompatible 

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 

Title 14 Code of Federal Regulations 

(CFR) Part 150 is a local program, not 

a Federal Program. The FAA does not 

substitute its judgment for that of the 

airport operator with respect to which 

measure should be recommended for 

action. The FAA’s approval or 

disapproval of 14 CFR Part 150 program 

recommendations is measured 

according to the standards expressed in 

14 CFR 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 14 CFR 

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 

14 CFR Part 150, Section 1505. 

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 program grants must be 

submitted to the FAA Airports District 

Office in Orlando, Florida. 

Okaloosa County submitted to the 

FAA on September 5, 2008, the Noise 

Exposure Maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from June, 2004, through 

July, 2008. The Destin-Ft. Walton Beach 

Airport Noise Exposure Maps were 

determined by FAA to be in compliance 

with applicable requirements on 

January 14, 2009. Notice of this 

determination was published in the 

Federal Register on January 14, 2009. 

The Destin-Ft. Walton Beach Airport 

study contains a proposed Noise 

Compatibility Program comprised of 

actions designed for phased 

implementation by airport management 

and adjacent jurisdictions from the year 


PWALKER on DSK8KYBLC1PROD with NOTICES
50866 Federal Register / Vol. 74, No. 189 / Thursday, October 1, 2009 / Notices 

2008 to the year 2013. 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 January 14, 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 submitted program contained 

eight (8) proposed actions 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 July 7, 

2009. 

Outright approval was granted for all 

of the specific program elements. These 

elements include: 

Operational Measures 

1. OP–1 Install ‘‘Fly Friendly’’ 

Signage. 

2. Op–2 Avoid Touch-and-Go’s, 

Maintenance Run-ups, and Extended 

APU Operations during Nighttime 

Hours. 

3. OP–3 Avoid Excessive Engine 

Idling on Ramps near Residential 

Homes. 

4. OP–4 Publish ‘‘Fly Friendly’’ 

Brochure. 

Land Use Measures 

1. LU–1 Voluntary Land Acquisition 

and Relocation of Residents within 70 

DNL. 

2. LU–2 Voluntary Sound 

Attenuation of Homes within 65 DNL. 

3. LU–3 Implement Airport 

Compatibility Overlay District. 

4. LU–4 Monitor Development within 

2013 NEM. 

These determinations are set forth in 

detail in a Record of Approval signed by 

the FAA on July 7, 2009. 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 

Oklaoosa County. The Record of 

Approval also will be available on-line 

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

airports_airtraffic/airports/ 

environmental/airport_noise/Part150/ 

states/ 

Dated: Issued in Orlando, Florida on 

September 8, 2009. 

W. Dean Stringer, 

Manager, Orlando Airports District Office. 

[FR Doc. E9–23468 Filed 9–30–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Environmental Impact Statement for 

the California High Speed Train Project 

From Fresno to Bakersfield, CA 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The FRA issued a Notice of 

Intent on March 13, 2009 for the 

preparation of an Environmental Impact 

Statement (EIS) and Environmental 

Impact Report (EIR) with the California 

High-Speed Rail (Authority) for the 

Merced-to-Bakersfield section of the 

Authority’s proposed California HighSpeed Train (HST) System in 

compliance with relevant State and 

Federal laws, in particular the National 

Environmental Policy Act (NEPA) and 

the California Environmental Quality 

Act (CEQA). In that Notice, alternatives 

involving the alignments and stations 

located between Merced and Bakersfield 

were identified. FRA is issuing this 

Notice to amend the project 

environmental process for the Merced to 

Bakersfield section into two separate 

project EISs. 

FRA and the Authority have 

determined that the environmental 

effects of the HST System from Merced 

to Bakersfield are more appropriately 

assessed in two separate documents; 

one for Merced to Fresno and another 

for Fresno to Bakersfield. This Notice 

amends the environmental process 

started on March 13, 2009 to instead 

prepare a Project EIR/EIS for the Fresno 

to Bakersfield section of the HST 

System. The decision to complete two 

separate EIR/EISs was made because the 

project sections are of sufficient length, 

with logical termini, allowing for an 

analysis of environmental matters on a 

broad scope to ensure that the project 

will function properly without requiring 

additional improvements elsewhere; 

and the assessment of HST alternatives 

in the Fresno to Bakersfield section will 

not restrict consideration of alternatives 

for other transportation improvements. 

In 2001, the Authority and FRA 

started a tiered environmental review 

process for the HST System and in 2005, 

completed the first tier California High 

Speed Train Program EIR/EIS 

(Statewide Program EIR/EIS) and 

approved the statewide HST System for 

intercity travel in California between the 

major metropolitan centers of 

Sacramento and the San Francisco Bay 

Area in the north, through the Central 

Valley, to Los Angeles and San Diego in 

the south. The approved HST System 

would be about 800-miles long, with 

electric propulsion and steel-wheel-onsteel-rail trains capable of operating 

speeds of 220 miles per hour (mph) on 

a dedicated system of fully gradeseparated, access-controlled steel tracks 

with state-of-the-art safety, signaling, 

communication, and automated train 

control systems. In approving the HST 

System, the Authority and FRA also 

selected corridors/general alignments 

and station location options throughout 

most of the system. The Statewide 

Program EIR/EIS generally selected the 

Burlington Northern Santa Fe Railroad 

(BNSF) corridor for the high-speed train 

route from Fresno to Bakersfield and the 

Union Pacific Railroad Company 

(UPRR) corridor was selected through 

the urban area of Fresno, with stations 

in downtown Fresno and Bakersfield. 

The Statewide Program EIR/EIS also 

stated that the project EIR/EIS for the 

HST in this portion of the Central Valley 

would evaluate an alignment around 

Hanford and a potential station location 

in the Visalia/Hanford/Tulare area. 

The preparation of the Fresno to 

Bakersfield HST Project EIR/EIS will 

involve the development of preliminary 

engineering designs and the assessment 

of potential environmental effects 

associated with the construction, 

operation, and maintenance of the HST 

System, including track, ancillary 

facilities and stations, along the 

preferred alternative corridor from 

Fresno to Bakersfield with alternative 

alignments to the east of Hanford. 

DATES: FRA and the Authority invite the 

general public, other government 

agencies, and all other interested parties 

to comment on the amended scope and 

content of the Fresno to Bakersfield HST 

Project EIR/EIS. FRA and the Authority 

are soliciting additional oral and written 

comments, suggestions, and requests for 

information, and request for public 

meetings no later than October 30, 2009. 

These comments will receive equal 

consideration as comments presented 

during the March 2009 scoping period 

for the former Merced to Bakersfield 

HST Project EIR/EIS. 

ADDRESSES: Written comments on the 

scope should be sent to Ms. Carrie 

Bowen, Regional Director, ATTN. 

Fresno to Bakersfield, California HighSpeed Rail Authority, 925 L Street, 


PWALKER on DSK8KYBLC1PROD with NOTICES