51362 Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 

The President delegated this authority 

to the United States Trade 

Representative under Presidential 

Proclamation 6763 (60 FR 1007). 

On September 25, 2009, the Secretary 

of Agriculture (Secretary) announced 

the sugar program provisions for fiscal 

year (FY) 2010 (Oct. 1, 2009, through 

Sept. 30, 2010). The Secretary 

announced an in-quota quantity of the 

TRQ for raw cane sugar for FY 2010 of 

1,117,195 metric tons* raw value 

(MTRV), which is the minimum amount 

to which the United States is committed 

under the World Trade Organization 

(WTO) Uruguay Round Agreements. 

USTR is allocating this quantity 

(1,117,195 MTRV) to the following 

countries in the amounts specified 

below: 

Country 

FY 2010 Raw 

Cane Sugar 

Allocations 

(MTRV) 

Argentina .............................. 45,281 

Australia ................................ 87,402 

Barbados .............................. 7,371 

Belize .................................... 11,583 

Bolivia ................................... 8,424 

Brazil ..................................... 152,691 

Colombia ............................... 25,273 

Congo ................................... 7,258 

Costa Rica ............................ 15,796 

Cote d’Ivoire ......................... 7,258 

Dominican Republic .............. 185,335 

Ecuador ................................ 11,583 

El Salvador ........................... 27,379 

Fiji ......................................... 9,477 

Gabon ................................... 7,258 

Guatemala ............................ 50,546 

Guyana ................................. 12,636 

Haiti ....................................... 7,258 

Honduras .............................. 10,530 

India ...................................... 8,424 

Jamaica ................................ 11,583 

Madagascar .......................... 7,258 

Malawi ................................... 10,530 

Mauritius ............................... 12,636 

Mexico .................................. 7,258 

Mozambique ......................... 13,690 

Nicaragua ............................. 22,114 

Panama ................................ 30,538 

Papua New Guinea .............. 7,258 

Paraguay .............................. 7,258 

Peru ...................................... 43,175 

Philippines ............................ 142,160 

South Africa .......................... 24,220 

St. Kitts & Nevis ................... 7,258 

Swaziland ............................. 16,849 

Taiwan .................................. 12,636 

Thailand ................................ 14,743 

Trinidad & Tobago ................ 7,371 

Uruguay ................................ 7,258 

Zimbabwe ............................. 12,636 

These allocations are based on the 

countries’ historical shipments to the 

United States. The allocations of the inquota quantities of the raw cane sugar 

TRQ to countries that are net importers 

of sugar are conditioned on receipt of 

the appropriate verifications of origin, 

and certificates for quota eligibility must 

accompany imports from any country 

for which an allocation has been 

provided. 

On September 25, 2009, the Secretary 

announced the establishment of the inquota quantity of the FY 2010 refined 

sugar TRQ at 90,039 MTRV for which 

the sucrose content, by weight in the 

dry state, must have a polarimeter 

reading of 99.5 degrees or more. This 

amount includes the minimum level to 

which the United States is committed 

under the WTO Uruguay Round 

Agreements (22,000 MTRV of which 

1,656 MTRV is reserved for specialty 

sugar) and an additional 68,039 MTRV 

for specialty sugars. USTR is allocating 

a total of 10,300 MTRV of refined sugar 

to Canada, 2,954 MTRV of refined sugar 

to Mexico, and 7,090 MTRV of refined 

sugar to be administered on a first-come, 

first-served basis. 

Imports of all specialty sugar will be 

administered on a first-come, firstserved basis in five tranches. The 

Secretary has announced that the total 

in-quota quantity of specialty sugar will 

be the 1,656 MTRV included in the 

WTO minimum plus an additional 

68,039 MTRV. The first tranche of 1,656 

MTRV will open October 20, 2009. All 

types of specialty sugars are eligible for 

entry under this tranche. The second 

tranche of 25,000 MTRV will open on 

November 10, 2009. The third, fourth, 

and fifth tranches of 14,346 MTRV each 

will open on January 12, 2010, May 17, 

2010 and August 24, 2010, respectively. 

The second, third, fourth and fifth 

tranches will be reserved for organic 

sugar and other specialty sugars not 

currently produced commercially in the 

United States or reasonably available 

from domestic sources. 

With respect to the in-quota quantity 

of 64,709 metric tons (MT) of the TRQ 

for imports of certain sugar-containing 

products maintained under Additional 

U.S. Note 8 to Chapter 17 of the HTS, 

USTR is allocating 59,250 MT to 

Canada. The remainder, 5,459 MT, of 

the in-quota quantity is available for 

other countries on a first-come, firstserved basis. 

* Conversion factor: 1 metric ton = 

1.10231125 short tons. 

Ronald Kirk, 

United States Trade Representative. 

[FR Doc. E9–23582 Filed 10–5–09; 8:45 am] 

BILLING CODE 3190–WP–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Approval of Noise 

Compatibility Program 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program (NCP) submitted by the 

Metropolitan Airport Authority of 

Peoria for General Wayne A. Downing 

Peoria International Airport under the 

provisions of 49 U.S.C. 47501 et seq. 

(the Aviation Safety and Noise 

Abatement Act, herein 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). The General Wayne A. 

Downing Peoria International Airport 

noise exposure maps were determined 

by FAA to be in compliance with 

applicable requirements on June 26, 

2009. Notice of this determination was 

published in the Federal Register on 

July 2, 2009, 74 FR 31791. 

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 

effected 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. 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 192 / Tuesday, October 6, 2009 / Notices 51363 

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 grants 

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 of navigable airspace and air traffic 

control systems, or adversely affecting 

other powers and responsibilities of the 

Administrator prescribed by law. 

The submitted program included 

eleven proposed actions for noise 

mitigation on and off the airport, as 

applicable. The FAA completed its 

review and determined that the 

procedural and substantive 

requirements of the Act and FAR Part 

150 have been satisfied. 

On September 16, 2009, the FAA 

approved the General Wayne A. 

Downing Peoria International Airport 

noise compatibility program. All eleven 

of the recommendations of the program 

were approved. 

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 Chicago Airports 

District Office. 

These determinations are set forth in 

detail in a Record of Approval signed by 

Deb Roth on September 16, 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 offices of the 

General Wayne A. Downing Peoria 

International Airport. 

DATES: Effective Date: The effective date 

of the FAAs approval of the General 

Wayne A. Downing Peoria International 

Airport noise compatibility program is 

September 16, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Hanson, Environmental Protection 

Specialist, CHI–603, Federal Aviation 

Administration, Chicago Airport District 

Office, 2300 East Devon Avenue, Des 

Plaines, IL 60018. Telephone number: 

847–294–7354. Documents reflecting 

this FAA action may also be reviewed 

at this same location. 

Issued in Des Plaines, IL September 17, 

2009. 

Jack Delaney, 

Acting Manager, Chicago Airports District 

Office. 

[FR Doc. E9–23926 Filed 10–5–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that a Buy America waiver is 

appropriate for the purchase of foreign 

Mobile Harbor Cranes in the Federalaid/American Recovery and 

Reinvestment Act of 2009 project for the 

Toledo Port Authority General Cargo 

Facility. 

DATES: The effective date of the waiver 

is October 6, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, or via e-mail at 

gerald.yakowenko@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, (202) 366–4928, or via e-mail 

at michael.harkins@dot.gov. Office 

hours for the FHWA are from 7:45 a.m. 

to 4:15 p.m., e.t., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application of such requirements would 

be inconsistent with the public interest 

or when satisfactory quality domestic 

steel and iron products are not 

sufficiently available. This notice 

provides information regarding the 

FHWA’s finding that a Buy America 

waiver is appropriate for the acquisition 

of Mobile Harbor Cranes at the General 

Cargo Facility in Ohio. While funded by 

funds made available to the FHWA and 

subject to the Buy America 

requirements under 23 U.S.C. 313 and 

23 CFR 635.410, the project is being 

administered by the Maritime 

Administration. The FHWA has 

coordinated this Buy America waiver 

for administrative convenience. 

In accordance with the Division I, 

section 126 of the ‘‘Omnibus 

Appropriations Act, 2009’’ (Pub. L. 111– 

8), the FHWA published a notice of 

intent to issue a waiver on the Mobile 

Harbor Cranes (http:// 

www.fhwa.dot.gov/construction/ 

contracts/waivers.cfm?id=38) on August 

25, 2009. The FHWA received no 

comments in response to this notice 

which suggested that the Mobile Harbor 

Cranes may not be available 

domestically. During the 15-day 

comment period, the FHWA conducted 

additional nationwide review to locate 

potential domestic manufacturers for 

the Mobile Harbor Cranes. Based on all 

the information available to the agency, 

the FHWA concludes that there are no 

domestic manufacturers for the Mobile 

Harbor Cranes. Thus, the FHWA 

concludes that a Buy America waiver is 

appropriate as provided by 23 CFR 

635.410(c)(1). 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008 (Pub. 

L. 110–244, 122 Stat. 1572), the FHWA 

is providing this notice as its finding 

that a waiver of Buy America 

requirements is appropriate. The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the link provided to the Ohio 

waiver page noted above. 

Authority: 23 U.S.C. 313; Public Law 110– 

161, 23 CFR 635.410. 


jlentini on DSKJ8SOYB1PROD with NOTICES