46352 Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Notices 

Hazardous Materials Safety and the 

Pipeline and Hazardous Materials Safety 

Administration’s (PHMSA) Office of 

Hazardous Materials Safety announce a 

public meeting on September 23, 2011. 

DATES: The public meeting will be held 

on September 23, 2011 from 9 a.m. until 

12:30 p.m. 

ADDRESSES: The public meeting will be 

held at FAA Headquarters (FOB 10A), 

Bessie Coleman Conference Center, 2nd 

Floor, 800 Independence Avenue, SW., 

Washington, DC 20591. 

Prior to September 9th, participants 

are requested to register at the following 

Web site: http://tinyurl.com/ 

DOTPublicMeeting. 

Conference call capabilities will be 

available. Connection information will 

be provided to those who register and 

indicate that they will participate via 

conference call. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the meeting should 

be directed to Ms. Janet McLaughlin, 

Division Manager, Office of Hazardous 

Materials Safety, International and 

Outreach Division, ADG–200, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

385–4916. E-mail: 

9-AWA-ASH-ADG-HazMat@faa.gov. 

We are committed to providing equal 

access to this meeting for all 

participants. If you need alternative 

formats or other reasonable 

accommodations, please call (202) 385– 

4916 or e-mail: 9-AWA-ASH-ADGHazMat@faa.gov with your request by 

close of business on September 9th. 

Purpose of the Public Meeting 

Information and viewpoints provided 

by stakeholders are requested as the 

United States prepares for the 23rd 

International Civil Aviation 

Organization’s Dangerous Goods Panel 

(ICAO DGP) Meeting. Proposals that are 

approved by the DGP will be 

incorporated into the 2013–2014 Edition 

of the Technical Instructions for the 

Safe Transport of Dangerous Goods by 

Air and related documents. The 

Department of Transportation seeks to 

harmonize domestic regulations with 

international standards when such 

harmonization is not unsafe, 

unnecessary, or contrary to the public 

interest. See 49 U.S.C. 5120. 

The agenda for the ICAO DGP is as 

follows: 

• Agenda Item 1: Development of 

proposals, if necessary, for amendments 

to Annex 18—The Safe Transport of 

Dangerous Goods by Air. 

• Agenda Item 2: Development of 

recommendations for amendments to 

the Technical Instructions for the Safe 

Transport of Dangerous Goods by Air 

(Doc 9284) for incorporation in the 

2013–2014 Edition. 

• Agenda Item 3: Development of 

recommendations for amendments to 

the Supplement to the Technical 

Instructions for the Safe Transport of 

Dangerous Goods by Air (Doc 9284SU) 

for incorporation in the 2013–2014 

Edition. 

• Agenda Item 4: Development of 

recommendations for amendments to 

the Emergency Response Guidance for 

Aircraft Incidents involving Dangerous 

Goods (Doc 9481) for incorporation in 

the 2013–2014 Edition. 

• Agenda Item 5: Resolution, where 

possible, of the non-recurrent work 

items identified by the Air Navigation 

Commission or the panel: 

5.1: Review of provisions for the 

transport of lithium batteries. 

5.2: Development of provisions for the 

carriage of dangerous goods on 

helicopters. 

5.3: Review of provisions for 

information to the pilot-in-command. 

5.4: Development of performance 

standards for State employees. 

• Agenda Item 6: Other business. 

Papers relevant to these agenda items 

can be viewed at the following webpage: 

http://www.icao.int/anb/fls/ 

dangerousgoods/DGP/. 

Public Meeting Procedures 

A panel of representatives from the 

FAA and PHMSA will be present. The 

meetings are intended to be informal, 

non-adversarial, and to facilitate the 

public comment process. No individual 

will be subject to questioning by any 

other participant. Government 

representatives on the panel may ask 

questions to clarify statements. Unless 

otherwise stated, any statement made 

during the meetings by FAA or PHMSA 

representatives shall be neither 

construed as an official position of the 

government nor the final position of the 

decision of the US delegation. 

There will be no admission fees or 

other charges to participate in the public 

meeting. The meeting will be open to all 

persons, subject to the capacity in the 

meeting room and lines available for 

those participating via conference call. 

Every effort will be made to 

accommodate all persons wishing to 

attend. The FAA and PHMSA will try to 

accommodate all speakers, subject to 

time constraints. 

Issued in Washington, DC, on July 25, 

2011. 

Christopher Glasow, 

Director, Office of Hazardous Materials 

Safety. 

[FR Doc. 2011–19500 Filed 8–1–11; 8:45 am] 

BILLING CODE ;P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program for San Diego International, 

San Diego, CA 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice . 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program submitted by San Diego 

Regional Airport Authority under the 

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

(formerly the Aviation Safety and Noise 

Abatement Act, hereinafter referred to 

as ‘‘the Act’’) and 14 Code of Federal 

Regulations (CFR) part 150 (hereinafter 

referred to as ‘‘Part 150’’). On November 

10, 2009, the FAA determined that the 

noise exposure maps submitted by San 

Diego Regional Airport Authority under 

Part 150 were in compliance with 

applicable requirements. On June 30, 

2011, the FAA approved the San Diego 

International Airport noise 

compatibility program. Fourteen (14) of 

the nineteen (19) total number of 

recommendations of the program were 

approved. No program elements relating 

to new or revised flight procedures for 

noise abatement were proposed by the 

airport operator. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the Noise 

Compatibility Program for San Diego 

International Airport is June 30, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Victor Globa, Environmental Protection 

Specialist, Federal Aviation 

Administration, Los Angeles Airports 

District Office, Mailing Address: P.O. 

Box 92007, Los Angeles, California 

90009–2007. Street Address: 15000 

Aviation Boulevard, Lawndale, 

California 90261. Telephone: 310/725– 

3637. 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 San Diego 

International Airport, effective June 30, 

2011. 


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Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Notices 46353 

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 

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 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 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 

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. Prior to an FAA decision on a 

request to implement the action, an 

environmental review of the proposed 

action may be required. 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-inaid funding from the FAA. Where 

federal funding is sought, requests for 

project grants must be submitted to the 

FAA Los Angeles Airports District 

Office in the Western-Pacific Region. 

The San Diego International Airport 

study contains a proposed noise 

compatibility program comprised of 

actions designed for phased 

implementation by airport management 

and adjacent jurisdictions from June 21, 

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 January 5, 2011, 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 19 

proposed actions for noise abatement, 

noise mitigation, land use planning and 

program management on and off the 

airport. The FAA completed its review 

and determined that the procedural and 

substantive requirements of the Act and 

part 150 have been satisfied. The overall 

program was approved by the FAA, 

effective June 30, 2011. 

FAA approval was granted for 

fourteen (14) specific program measures. 

The approved measures included such 

items as: Sound Attenuate Additional 

Eligible Non-Residential Noise Sensitive 

Receptor Buildings for noncompatible 

development that were constructed or 

existed before October 1, 1998; Sound 

Attenuate Eligible Residential Units has 

been approved for homes or 

noncompatible development that were 

constructed or existed before October 1, 

1998; Urge the City of San Diego to 

Prohibit New Incompatible Land Use 

Development was approved since the 

Federal government has no control over 

local land use planning and this 

measure is within the authority of the 

San Diego Regional Airport Authority 

and local planning jurisdictions; 

Continue to Encourage City 

Participation in the Compatibility 

Planning Process was approved since 

the Federal government has no control 

over local land use planning and this 

measure is within the authority of the 

San Diego Regional Airport Authority 

and local planning jurisdictions; 

Continue to Serve as the San Diego 

County Airport Land Use Commission 

was approved since the Federal 

government has no control over local 

land use planning and this measure is 

within the authority of the San Diego 

Regional Airport Authority and local 

planning jurisdictions, (Approval of this 

measure does not extend to or 

necessarily endorse decisions of the 

Airport Land Use Commission.); 

Maintain Existing Noise Information 

Department was approved; Continue to 

Maintain and Improve the Aircraft 

Noise and Operations Monitoring 

System (ANOMS) was approved for 

purposes of part 150, (Approval of this 

measure does not obligate the FAA to 

participate in funding the acquisition or 

installation of the permanent noise 

monitors and associated equipment. For 

the purpose of aviation safety, this 

approval does not extend to the use of 

monitoring equipment for enforcement 

purposes by in-situ measurement of any 

pre-set noise thresholds.); Design and 

Implement a Fly Quiet Program was 

approved since this measure is within 

the jurisdiction of the airport 

management, (This approval does not 

imply approval of any enforcement 

actions to ensure compliance with flight 

procedures by the Airport Sponsor. Any 

recommended change to existing flight 

procedures not approved in this NCP 

and any flight procedures or flight 

tracks not already in place at SAN are 

disapproved for inclusion in the 

handbook. Such changes would need to 

be separately reviewed, for reasons of 

aviation safety and efficiency, by the 

FAA. Noise mitigation measures must 

be accompanied by an analysis 

demonstrating their noise benefits. 

Changes in flight procedures normally 

also need appropriate environmental 

analysis. Any new procedures proposed 

for noise abatement at SAN may not be 

implemented prior to a study to 

determine whether they can be 

implemented safely and efficiently, and 

whether they are noise beneficial. 

Wording for publications and signage, 

and location of any on-airport signage, 

must be coordinated with the FAA 

before final issuance. Approval of this 

measure does not obligate the FAA to 

participate in funding the acquisition or 

installation of the permanent noise 

monitors and associated equipment.); 

Maintain Airport Noise Advisory 

Committee was approved; The Noise 

Information Officer will Meet on a 

Regular Basis with Representatives from 

Commercial Airlines and General 

Aviation was approved but does not 

require the representatives to meet; 


erowe on DSK5CLS3C1PROD with NOTICES
46354 Federal Register / Vol. 76, No. 148 / Tuesday, August 2, 2011 / Notices 

Deliver Airport Use Regulations to Each 

Airline was approved but does not 

require the air carriers to meet; Continue 

to Provide Noise and Aircraft 

Operations Information in the Quarterly 

Noise Reports was approved, (For the 

purpose of aviation safety, this approval 

does not extend to the use of monitoring 

equipment for enforcement purposes by 

in-situ measurement of any pre-set noise 

thresholds.); Revise the Noise Exposure 

Map was approved; and, Revise the 

Noise Compatibility Program was 

approved and this approval does not 

extend to potential regulatory action 

affecting general aviation and commuter 

aircraft operations or to enforcement 

structures not otherwise specifically 

approved by the FAA. 

FAA disapproved five (5) specific 

program measures. The disapproved 

measures included: Develop and 

Implement Left Turn ‘‘Over-the-Bay’’ 

Departure Route was disapproved since 

the analysis shows no effect or benefit 

on the Community Noise Equivalent 

Level (CNEL) 65 dB contour and the 

measure may adversely impact 

operational safety and efficiency; 

Encourage the FAA and Airlines 

Operating at SAN to Use Continuous 

Descent Approaches for Arrivals to 

Runway 27 was disapproved since the 

analysis does not demonstrate the 

measure’s noise benefits on the 65 dB 

CNEL contour; Maintain Westerly 

Runway Heading (275-degrees) or 290- 

degree Heading for Runway 27 

Departures Until One and One Half 

Miles West of the Shoreline, Weather, 

Airspace, and Safety Permitting was 

disapproved since the analysis does not 

demonstrate the measure’s noise 

benefits on the 65 dB CNEL contour; 

Sound Attenuate Additional Eligible 

Residential Units Based on Hill Effects 

Behind the Start of Takeoff was 

disapproved for purposes of part 150 

since additional information and 

analysis is necessary to justify the 

measure’s noise benefits; and, Cooperate 

with Public Agencies Concerning Air 

Service was disapproved for purposes of 

part 150 since the Federal government 

has no control over local land use 

planning and this measure is within the 

authority of the San Diego Regional 

Airport Authority and local planning 

jurisdictions. 

These determinations are set forth in 

detail in a Record of Approval signed by 

the Manager, Airports Division (AWP– 

600) on June 30, 2011. 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 

San Diego County Regional Airport 

Authority. 

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 on July 15, 2011. 

Mark A. McClardy, 

Manager, Airports Division, Western-Pacific 

Region . 

[FR Doc. 2011–19499 Filed 8–1–11; 8:45 am] 

BILLING CODE 4910–13–P 

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 use of non-domestic 

RuggCom RS900G, RS900L, and RS930L 

network controllers for replacement of 

outdated network controllers on 

Recovery Act project; X–STP–S000(497) 

in Oregon State. 

DATES: The effective date of the waiver 

is August 3, 2011. 

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 8 a.m. to 

4:30 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 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 to use nondomestic RuggCom RS900G, RS900L, 

and RS930L network controllers for 

replacement of outdated network 

controllers on Recovery Act project; X– 

STP–S000(497) in Oregon State. 

In accordance with Division A, 

section 123 of the ‘‘Consolidated 

Appropriations Act, 2010’’ (Pub. L. 111– 

117), the FHWA published a notice of 

intent to issue a waiver on its Web site 

for RuggCom RS900G, RS900L, and 

RS930L network controllers for 

replacement of outdated network 

controllers (http://www.fhwa.dot.gov/ 

construction/contracts/ 

waivers.cfm?id=54) on April 6th. The 

FHWA received three comments in 

response to the publication. The first 

comment suggested a potential domestic 

manufacturer; Optelecom-NKF based in 

Maryland. Optelecom-NKF was 

contacted by ODOT, and the company 

stated that their products are 

manufactured outside the country but 

assembled domestically. The second 

commenter simply opposed the waiver 

request but did not suggest a domestic 

manufacturer. The third commenter 

supported the waiver request based on 

his experience with the RuggCom 

RS900G, RS900L, and RS930L network 

controllers. During the 15-day comment 

period, the FHWA conducted additional 

nationwide review to locate potential 

domestic manufacturers for RuggCom 

RS900G, RS900L, and RS930L network 

controllers. Based on all the information 

available to the agency, the FHWA 

concludes that there are no domestic 

manufacturers of RuggCom RS900G, 

RS900L, and RS930L network 

controllers. 

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 Oregon 

waiver page noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410. 

Issued on: July 26, 2011. 

Victor M. Mendez, 

Federal Highway Administrator. 

[FR Doc. 2011–19509 Filed 8–1–11; 8:45 am] 

BILLING CODE 4910–22–P 


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