Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Notices 30385 

of Government Contracting, 409 3rd 

Street SW., Suite 8022, Washington, DC 

20416. 

All comments will be posted on 

www.regulations.gov. If you wish to 

include within your comment 

confidential business information (CBI) 

as defined in the Privacy and Use 

Notice/User Notice at www. 

regulations.gov, and you do not want 

that information disclosed, you must 

submit the comment by either Mail or 

Hand Delivery. In the submission, you 

must highlight the information that you 

consider CBI and explain why you 

believe this information should be 

withheld as confidential. SBA will make 

a final determination, in its sole 

discretion, as to whether the 

information is CBI and therefore will be 

published or withheld. 

FOR FURTHER INFORMATION CONTACT: 

Edward Halstead, by telephone at (202) 

205–9885, or by email at 

edward.halstead@sba.gov. 

SUPPLEMENTARY INFORMATION: Section 

8(a)(17) of the Small Business Act (Act), 

15 USC 637(a)(17), and SBA’s 

implementing regulations require that 

recipients of Federal contracts for 

supplies which are set aside for small 

businesses, Service-Disabled VeteranOwned (SDVO) small businesses, 

Women-Owned Small Businesses 

(WOSBs), or Participants in SBA’s 8(a) 

BD Program must provide the product of 

a small business manufacturer or 

processor, if the recipient is other than 

the actual manufacturer or processor of 

the product. This requirement is 

commonly referred to as the 

Nonmanufacturer Rule. 13 CFR 

121.406(b). Section 8(a)(17)(B)(iv)(II) of 

the Act authorizes SBA to waive the 

Nonmanufacturer Rule for any class of 

products for which there are no small 

business manufacturers or processors 

available to participate in the Federal 

market. 

In order to be considered available to 

participate in the Federal market for a 

class of products, a small business 

manufacturer must have been awarded 

or have performed a contract to supply 

a specific class of products to the 

Federal Government within 24 months 

from the date of the request for waiver, 

either directly or through a dealer, or 

have submitted an offer on a solicitation 

for that class of products within that 

time frame. 13 CFR 121.1202(c). SBA 

defines ‘‘class of products’’ as an 

individual subdivision within a 

(NAICS) Industry Number as established 

by the Office of Management and 

Budget in the NAICS Manual. 13 CFR 

121.1202(d). In addition, SBA uses 

(PSCs) to further identify particular 

products within the NAICS code to 

which a waiver would apply. 

On July 12, 2012, SBA received a 

request to waive the Nonmanufacturer 

Rule for commercial ovens and broilers, 

PSC 7310, under NAICS code 333319 

(Other Commercial and Service Industry 

Machinery Manufacturing). SBA notes 

that at the time of the request, these 

items were classified under NAICS code 

333319. However, effective October 1, 

2012, SBA published revised NAICS 

codes and Small Business Size 

Standards, for purposes of Government 

procurement. As a result of this change, 

NAICS code 333319 is eliminated from 

the 2012 NAICS code listing and the 

items requested for waiver are now 

listed under the 2012 NAICS code 

333318. 

The public is invited to comment or 

provide source information to SBA on 

the proposed waiver of the 

Nonmanufacturer Rule for the products 

described in this notice within 45 days 

after the date of publication in the 

Federal Register. 

Dated: May 16, 2013. 

Kenneth W. Dodds, 

Director, Office of Government Contracting. 

[FR Doc. 2013–12108 Filed 5–21–13; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Approval of Noise Compatibility 

Program for Tweed-New Haven 

Regional Airport 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Federal Aviation 

Administration (FAA) announces its 

findings on the noise compatibility 

program submitted by the Tweed-New 

Haven Airport Authority under the 

provisions of Title I of the Aviation 

Safety and Noise Abatement Act of 1979 

(Pub. L. 96–193) 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 November 26, 

2012, the FAA determined that the 

noise exposure maps submitted by the 

City of Portland under Part 150 were in 

compliance with applicable 

requirements. On May 9, 2013, the New 

England Region Airports Division 

Regional Manager approved the noise 

compatibility program. Seventeen of the 

proposed program elements were 

approved, or approved in part. Four of 

the elements were disapproved. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the TweedNew Haven Regional Airport noise 

compatibility program is May 9, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Richard Doucette, Federal Aviation 

Administration, New England Region, 

Airports Division, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803, Telephone (781) 

238–7613. Documents reflecting this 

FAA action may be obtained from the 

same individual. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA has 

given its overall approval to the TweedNew Haven Regional Airport noise 

compatibility program, effective May 9, 

2013. 

Under Section 104(a) of the Aviation 

Safety and Noise Abatement Act of 1979 

(hereinafter 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 

Federal Aviation Regulation (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 


TKELLEY on DSK3SPTVN1PROD with NOTICES
30386 Federal Register / Vol. 78, No. 99 / Wednesday, May 22, 2013 / Notices 

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 as 

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 a 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. Where 

Federal funding is sought, requests for 

project grants must be submitted to the 

FAA Regional Office in Burlington, 

Massachusetts. 

The Tweed-New Haven Airport 

Authority submitted to the FAA, on 

November 13, 2012, noise exposure 

maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from 2010 to 2012. The 

Tweed-New Haven Regional Airport 

noise exposure maps were determined 

by FAA to be in compliance with 

applicable requirements on November 

26, 2012. Notice of this determination 

was published in the Federal Register 

on February 6, 2013. 

The Tweed-New Haven Regional 

Airport study contains a proposed noise 

compatibility program comprised of 

actions designed for implementation by 

airport management and adjacent 

jurisdictions from the date of study 

completion to beyond the year 2018. 

The Tweed-New Haven Airport 

Authority requested that the FAA 

evaluate and approve this material as a 

noise compatibility program as 

described in Section 104(b) of the Act. 

The FAA began its review of the 

program on November 26, 2012, and 

was required by a provision of the Act 

to approve or disapprove the program 

within 180 days (other than the use of 

new flight procedures for noise control). 

Failure to approve or disapprove such a 

program within the 180-day period shall 

be deemed to be an approval of such a 

program. 

The submitted program contained 21 

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 FAR Part 

150 have been satisfied. The New 

England Region Airports Division 

Manager therefore approved the overall 

program effective May 9, 2013. 

FAA’s determinations are set forth in 

detail in a Record of Approval endorsed 

by the Acting Associate Administrator 

on May 9, 2013. 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 

Tweed-New Haven Regional Airport. 

Issued in Burlington, Massachusetts on 

May 9, 2013. 

Mary Walsh, 

Manager, Airports Division, FAA New 

England Region. 

[FR Doc. 2013–12178 Filed 5–21–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2013–0028] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 of the Code of Federal Regulations 

(CFR), this document provides the 

public notice that by a document 

received on March 19, 2013, the North 

Shore Railroad Company (NSHR) has 

petitioned the Federal Railroad 

Administration (FRA) for a waiver of 

compliance from certain provisions of 

the Federal railroad safety regulations 

contained at 49 CFR part 223. FRA 

assigned the petition Docket Number 

FRA–2013–0028. 

NSHR petitioned FRA to grant a 

waiver of compliance from the safety 

glazing provisions of 49 CFR 223.15, 

Requirements for existing passenger 

cars. NSHR seeks this relief for a 1954 

M500-type coach car, Number ORXX 

3247, which is being purchased from a 

private owner, Ontario Rail (ORRX), 

from Canada. Once acquired, NSHR 

intends to use ORXX 3247 in excursion, 

VIP, and shipper service on tracks 

owned by the Susquehanna Economic 

Development Authority–Council of 

Governments (SEDA–COG) Joint Rail 

Authority and the Union County 

Industrial Railroad. The component 

railroads in SEDA–COG include the 

Nittany and Bald Eagle Railroad (72 

miles), the Lycoming Valley Railroad 

(34 miles), NSHR (38 miles), and the 

Shamokin Valley Railroad (25 miles). 

NSHR intends to operate on two 

additional lines. The West Shore 

Railroad Corporation owns 

approximately 5 miles on the Milton 

Branch; the Lewisburg and Buffalo 

Creek Railroad owns approximately 10 

miles on the Winfield Branch on the 

Union County Industrial Railroad. 

ORXX 3247 will be operated at a 

maximum timetable track speed 

authorized by each of the railroads 

mentioned above, but not to exceed 50 

mph. 

ORXX 3247 has 24 side windows and 

no end windows. Nineteen side 

windows are 27′′ × 61′′ and five are 27′′ 

× 25′′. Each window has dual-pane-style 

laminated safety glazing (plated outside 

and laminated inside). None of the 

windows opens; however, the two 

emergency exit windows on each end of 

ORXX 3247 are clearly marked and have 

hammers mounted on them to break out 

glazing under emergency conditions. 

ORXX 3247 is equipped with 

flashlights, other battery-powered 

lighting, and an axe. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 


TKELLEY on DSK3SPTVN1PROD with NOTICES