Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices 30473

The repealed provisions were re-enacted

in AIR 21 with two additions.

New Provisions

Foreign Air Carrier Waivers

The original language of ANCA did

not allow foreign air carriers to apply for

a waiver from the Stage 2 prohibition in

the law. The AIR 21 amendment

expanded the waiver provision, 49

U.S.C. 47528(b), to allow foreign air

carriers, for a limited time, to apply for

a waiver from the Stage 3 aircraft

requirement of 49 U.S.C. 47528(a). The

amendment requires that a foreign air

carrier seeking a waiver must apply ‘‘not

later than * * * the 15th day following

the date of enactment of [AIR 21].’’ The

law was enacted April 5, 2000; foreign

air carriers seeking a waiver from

section 47528(a) must have filed an

application for waiver no later than

April 20, 2000.

The FAA will consider any waiver

request filed by a foreign air carrier

under the same criteria that were used

to evaluate requests from domestic air

carriers. Those criteria are published at

14 CFR 91.873, and were summarized in

a Federal Register notice published on

March 2, 1998 (63 FR 10123).

Relationship to Part 161 Actions

In AIR 21, Congress re-enacted the

provisions that direct the Secretary of

Transportation to permit certain

nonrevenue flights to Stage 2 airplanes

over 75,000 pounds, 49 U.S.C. 47528(f).

A new paragraph (g), which reads as

follows, was added to that section:

(g) Statutory Construction.—Nothing in

this section may be construed as interfering

with, nullifying, or otherwise affecting

determinations made by the Federal Aviation

Administration, or to be made by the

Administration with respect to applications

under part 161 of title 14, Code of Federal

Regulations, that were pending on November

1, 1999.

Promulgated by the FAA in 1991

pursuant to ANCA, 14 CFR part 161 is

titled ‘‘Notice and Approval of Airport

Noise Access Restrictions,’’ and

provides a procedure under which local

airport authorities may impose

restrictions on Stage 2 and Stage 3

airplanes. On November 1, 1999, there

was one restriction on operation of

Stage 2 airplanes that had been adopted

by a local airport authority but had not

yet become effective. Prior to November

1, 1999, the FAA had made a

determination that this local restriction

was pre-empted by Federal law. The

FAA understands new paragraph (g) to

mean that this prior determination, and

any future determination regarding the

local restriction, are not affected by the

new provisions added to section 47528

by AIR 21.

The FAA has consistently held that

the statutory waiver authority it was

granted in ANCA in 1990 (49 U.S.C.

47528(b)) preempts any conflicting

restriction adopted by a local airport

authority. Similarly, the authority that

permits nonrevenue Stage 2 flights

under section 47528(f) also preempts

any conflicting local regulations. This

position is affirmed by the AIR 21

language, in that the authority given in

section 47528(f) is not discretionary.

The law states that ‘‘the Secretary shall

permit’’ Stage 2 flights that fall under

one of the categories listed in the law

(emphasis added). The FAA’s

interpretation of the new language in

paragraph (g) is consistent with the nondiscretionary nature of the FAA’s

authority under section 47528(f).

Previous Statutory Changes

As discussed above, the statutory

change that allows the FAA to grant

special flight authorizations for the

nonrevenue operation of certain Stage 2

airplanes was re-enacted in AIR 21.

Accordingly, except for the additions

noted above, the explanations provided

in the FAA’s December 17, 1999 Federal

Register notice remain applicable, and

the application procedure and form

have not been changed.

The FAA still plans to amend its

regulations at 14 CFR part 91, subpart I,

that are affected by the changes to its

statutory authority. The reasons for

these amendments remain the same as

published in December 1999.

The FAA was required under the

November 1999 legislation, and again by

AIR 21, to publish notice of the

procedures it will use to implement the

Stage 2 nonrevenue flight authority.

This notice fulfills that requirement by

informing affected persons that the

application procedure for a special

flight authorization for nonrevenue

Stage 2 flight remains as published in

December 1999.

The special flight authorization

application can be obtained on the

FAA’s web site (http://www.aee.faa.gov/

sfa/), or by fax or mail by contacting the

Office of Environment and Energy at the

number listed in the For Further

Information Contact section above. The

FAA reminds operators that requests for

special flight authorizations for

nonrevenue Stage 2 flights should be

filed 30 days before the planned flight.

Operators of Stage 2 airplanes that

have any questions concerning their

rights or requirements under AIR 21

language are encouraged to contact the

FAA as soon as possible.

Issued in Washington, DC on May 2, 2000.

Paul R. Dykeman,

Deputy Director, Office of Environment and

Energy.

[FR Doc. 00–11325 Filed 5–10–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Environmental Impact Statement:

Faulkner County, Arkansas

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of intent.

SUMMARY: The FHWA is issuing this

notice to advise the public that an

environmental impact statement (EIS)

will be prepared for a proposed highway

project in Faulkner County, Arkansas.

FOR FURTHER INFORMATION CONTACT:

Amy Heflin, Community Planner,

Federal Highway Administration, 700

West Capitol, Rm 3130 Federal Office

Building, Little Rock, Arkansas 72201–

3298, Telephone: (501) 324–5625; or

Ronnie Hall, City Engineer, City of

Conway, 100 East Robins, Conway,

Arkansas 72032, Telephone: (501) 450–

6165; or Mike Lynch, Project Manager,

Garver Engineers, P.O. Box 50, Little

Rock, Arkansas 72203, Telephone (501)

376–3633.

SUPPLEMENTARY INFORMATION: The

FHWA, in cooperation with the City of

Conway, Arkansas, and the Arkansas

Highway and Transportation

Department will prepare an

environmental impact statement (EIS)

on a proposal to construct a western

loop in Faulkner County, Arkansas. The

proposed project would involve the

construction of an arterial on a new

alignment starting west of the City of

Conway at Interstate Highway 40 and

terminating South of the City of Conway

on Interstate Highway 40. Construction

of a western loop is considered

necessary to provide for the existing and

projected traffic demand. A proposed

alignment and typical section for this

proposed project will be formulated

during development of the EIS.

Alternatives under consideration

include taking no action and location

alternatives to be identified during the

EIS process.

Letters describing the proposed action

and soliciting comments will be sent to

appropriate Federal, State, and local

agencies, and to private organizations

and citizens who have previously

expressed or are known to have interest

in this project. An agency scoping

meeting is planned early in the project

30474 Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Notices

development process. A series of public

meetings will be held in the City of

Conway. In addition, a public hearing

will be held. The draft EIS will be

available for public and agency review

and comment prior to the public

hearing.

To ensure that the full range of issues

related to this proposed action are

addressed and all significant issues

identified, comments and suggestions

are invited from all interested parties.

Comments or questions concerning this

proposed action and the EIS should be

directed to the FHWA at the address

provided above.

(Catalog of Federal Domestic Assistance

Program Number 20.205, Highway Planning

and Construction. The regulations

implementing Executive Order 12372

regarding intergovernmental consultation of

Federal programs and activities apply to this

program.)

Issued on: May 3, 2000.

Gary A. DalPorto,

Planning and Research Engineer, FHWA,

Little Rock, Arkansas.

[FR Doc. 00–11861 Filed 5–10–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Environmental Impact Statement:

Tucker County, West Virginia

AGENCY: Federal Highway

Administration (FHWA), DOT

ACTION: Notice of Intent.

SUMMARY: The FHWA is issuing this

notice to advise the public that a

Supplemental Environmental Impact

Statement (SEIS) will be prepared for

the Blackwater Avoidance area of the

Thomas-to-Davis portion of the Parsonsto-Davis project of the proposed

Appalachian Corridor H highway in

Tucker County, West Virginia.

FOR FURTHER INFORMATION CONTACT:

Henry E. Compton, Division

Environmental Coordinator, Federal

Highway Administration, West Virginia

Division, Geary Plaza, Suite 200, 700

Washington Street East, Charleston,

West Virginia, 25301, Telephone: (304)

347–5268.

SUPPLEMENTARY INFORMATION: In

accordance with a court approved

settlement agreement, the FHWA in

cooperation with the West Virginia

Department of Transportation (WVDOT)

will prepare an SEIS to examine one or

more potential alignment shifts for the

Thomas-to-Davis section of Parsons-toDavis project of the proposed

Appalachian Corridor H highway in

Tucker County, West Virginia. A Record

of Decision (ROD) for the entire

Appalachian Corridor H highhway

(FHWA–WV–EIS–92–01–F) from

Aggregates to the WV/VA state line, a

distance of approximately 100 miles,

was approved on August 2, 1996. The

proposed Parsons-to-Davis project will

provide a divided four-lane, partial

control of access highway on new

location for a distance of approximately

9 miles. The purpose of this project is

to provide safe and efficient travel

between population centers in Tucker

County (Parsons Area and Thomas/

Davis Area), while also contributing to

the completion of Corridor H in West

Virginia.

Alternates under consideration in the

SEIS will be: (1) The no-action

alternative, (2) the preferred alternative

that was approved in the 1996 ROD, and

(2) one or more alternatives that avoid

the Blackwater Area identified in

Exhibit 4 of the court approved Corridor

H Settlement Agreement. Based on

preliminary studies, it is expected that

the avoidance alternatives considered in

the SEIS will include one or more

alignments that would shift the project

to the north, resulting in additional

connections to US 219, WV Route 32,

and WV Route 93 in the vicinity of the

towns of Thomas and Davis. However,

final decisions on the scope of the SEIS

will be made only after an opportunity

for comment by interested agencies and

the public during the scoping process,

which will occur in May 2000.

Letters describing the proposed action

and soliciting comments will be sent to

appropriate federal, state, and local

agencies, and to private organizations

and citizens who have expressed or are

known to have an interest in this

proposal.

To ensure the full range of issues

related to this proposed action are

addressed and all significant issues

identified, comments and suggestions

are invited from all interested parties.

Comments or questions concerning this

proposed action should be directed to

the FHWA at the address provided

above.

(Catalog of Federal Domestic Assistance

Program Number 20.205, Highway Research

Planning and Construction. The regulations

implementing Executive Order 12372

regarding intergovernmental consultation on

Federal programs and activities apply to this

program)

Issued on: May 2, 2000.

Henry E. Compton,

Environmental Coordinator, Charleston, West

Virginia.

[FR Doc. 00–11860 Filed 5–10–00; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA–1999–6364]

Northeast Illinois Railroad

Corporation; Cancellation of Public

Hearing

On April 4, 2000, the Federal Railroad

Administration (FRA) published a

notice in the Federal Register (65 FR

17704) announcing that a public hearing

will be held based upon the Northeast

Illinois Railroad Corporation’s (Metra)

request seeking a permanent waiver of

compliance with the Passenger

Equipment Safety Standards, 49 CFR

part 238.303, which requires exterior

calendar day inspection, and 238.313,

which requires a class one brake test be

performed by a qualified maintenance

person. Metra has withdrawn its

request; therefore, the hearing

scheduled for Tuesday, May 16, 2000, in

Chicago, Illinois, has been canceled.

FRA regrets any inconvenience

occasioned by the cancellation of this

hearing.

Issued in Washington, DC on May 8, 2000.

Grady C. Cothen, Jr.,

Deputy Associate Administrator for Safety

Standards and Program Development.

[FR Doc. 00–11865 Filed 5–10–00; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Notice of Safety Advisory 2000–1

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Notice of Safety Advisory.

SUMMARY: FRA is issuing Safety

Advisory 2000–1 addressing safety

concerns involving Model B1 relays,

manufactured by General Railway

Signal (GRS), between the years 1960

and 1985, and their potential to stick

and remain in the energized position.

ALSTOM Signaling, Inc., which has

acquired GRS, estimates that

approximately 2,000,000 relays are

affected worldwide.

FOR FURTHER INFORMATION CONTACT:

William E. Goodman, Staff Director,

Signal and Train Control Division,

Office of Safety Assurance and

Compliance, FRA, 1120 Vermont

Avenue, NW, RRS–13, Mail Stop 25,

Washington, DC 20590 (telephone 202–

493–6325) or Mark Tessler, Trial

Attorney, Office of Chief Counsel, 1120

Vermont Avenue, NW , RCC–12, Mail