### 64393 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices

Street, SW., Washington, DC 20423–

0001.

A copy of any petition filed with the Board should be sent to applicants’ representatives: (1) Daniel G. Kruger, Attorney, Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510; and (2) Lanny M. Van Daele, Corporate Counsel, Iowa Interstate Railroad, Ltd., 5900 6th Street, SW., Cedar Rapids, IA 52404.

If the verified notice contains false or misleading information, the exemptions are void ab initio.

Applicants have filed a joint combined environmental and historic report, which addresses the effects, if any, of the abandonment and discontinuance on the environment and historic resources. OEA will issue an environmental assessment (EA) by October 22, 2010. Interested persons may obtain a copy of the EA by writing to OEA (Room 1100, Surface Transportation Board, Washington, DC 20423–0001) or by calling OEA, at (202) 245–0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339. Comments on environmental and historic preservation matters must be filed within 15 days after the EA becomes available to the public.

Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision.

Pursuant to the provisions of 49 CFR 1152.29(e)(2), NSR shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by NSR’s filing of a notice of consummation by October 19, 2011, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire.

Board decisions and notices are available on our Web site at http:// www.stb.dot.gov.

Decided: October 12, 2010. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Jeffrey Herzig,

Clearance Clerk.

[FR Doc. 2010–26234 Filed 10–18–10; 8:45 am]

**BILLING CODE 4915–01–P DEPARTMENT OF TRANSPORTATION** 

**Federal Aviation Administration**

**Approval of Noise Compatibility Program for Chicago Executive**  **Airport, Prospect Heights and Wheeling, IL** 

**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 Chicago Executive Airport Board of Directors for Chicago Executive 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. On March 1, 2010, the FAA determined that the noise exposure maps submitted by Chicago Executive Airport Board of Directors for Chicago Executive Airport were in compliance with applicable requirements. On September 30, 2010, the FAA approved the Chicago Executive Airport noise compatibilityprogram. Twenty-one of the twentyseven recommendations of the program were approved.

**DATES :**  Effective Date: The effective date of the FAA’s approval of the Chicago Executive Airport noise compatibility program is September 30, 2010.

**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.

**SUPPLEMENTARY INFORMATION :**  This notice announces that the FAA has given its approval to the Noise Compatibility Program for Chicago Executive Airport, effective October 1,

2010.

The Chicago Executive Airport Board of Directors for Chicago Executive Airport submitted to the FAA the noise exposure maps, descriptions, and other documentation produced during the noise compatibility study. The Chicago Executive Airport noise exposure maps were determined by the FAA to be in compliance with applicable requirements on March 1, 2010. Notice of this determination was published in the Federal Register on March 12, 2010, Volume 75, Number 48, pages 11990 and 11991.

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 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 of 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 preventingthe 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 twenty-seven proposed actions for noise mitigation on and off the airport, as applicable. The FAA completed is review and determined that the procedural and substantive requirements of the Act and FAR Part 150 have been satisfied.

On October 1, 2010, the FAA approved the Chicago Executive Airportnoise compatibility program. Twentyone of the twenty-seven recommendations of the program were approved.


### 64394 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices

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 Susan Schalk on October 1, 2010. 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 Chicago Executive Airport. The Record of Approval also will be available online

at: http://www.faa.gov/airports/ environmental/airport

_noise/part

_ 150/ states/.

Issued in Des Plaines, IL, October 6, 2010. James G. Keefer, Manager, Chicago Airports District Office.

[FR Doc. 2010–26324 Filed 10–18–10; 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 Steel Pipe; A53 Grade B, 26 ′′ OD, 0.375 ′′ wall for construction of a Recovery Act project on SR 60, Section A40, in Allegheny County, Pennsylvania.

**DATES :**  The effective date of the waiver is October 20, 2010.

**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., est., 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 Americawaiver is appropriate to use nondomestic Steel Pipe; A53 Grade B, 26 ′′ OD, 0.375 ′′ wall for a portion of sign support structure No. S–28760 proposed for Recovery Act project on SR 60 in Alleghany County, PA.

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 Steel Pipe; A53 Grade B, 26 ′′ OD, 0.375 ′′ wall (http://www.fhwa.dot.gov/ construction/contracts/ waivers.cfm?id=51 ) on July 16th. The FHWA received five comments in response to the publication. The five comments suggested different domestic manufacturers of Steel Pipe; A53 Grade B and opposed the approval of the waiver request. The PennDOT contacted the potential domestic manufactures Berg Steel Corporation, McJunkin Red Man Corporation, and Trinity Prod. Berg Steel corporation stated that they do not have inventory in the pipe size requested. McJunkin Red Man Corporation responded that their pipe size is only 24 ′′ OD and not up to 26 ′′ OD. Trinity Prod. indicated that it can make the pipe size up to 26 ′′ OD, but the required quantity is less than 600 tons which is required to establish a production run. During the 15-day comment period, the FHWA conducted additional nationwide review to locate potential domestic manufacturers for a Steel Pipe; A53 Grade B, 26 ′′ OD, 0.375 ′′ wall. Based on all the information available to the agency, the FHWA concludes that there are no domestic manufacturers of Steel Pipe; A53 Grade B, 26 ′′ OD, 0.375 ′′ wall. Given the lack of current availability for domestic steel for this particular application, the FHWA has discussed the need for PennDOT to consider alternate designsusing domestic steel on future Federalaid projects.

In accordance with the provisions of section 117 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users 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 Pennsylvania waiver page noted above.

Authority: 23 U.S.C. 313; Pub. L. 110–161, 23 CFR 635.410.

Issued on: October 7, 2010. Victor M. Mendez, Federal Highway Administrator.

[FR Doc. 2010–26299 Filed 10–18–10; 8:45 am]

**BILLING CODE 4910–22–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Motor Carrier Safety Administration** 

**[FMCSA Docket No. FMCSA–2010–0247]**

**Qualification of Drivers; Exemption Applications; Diabetes Mellitus** 

**AGENCY :**  Federal Motor Carrier Safety Administration (FMCSA), DOT.

**ACTION :**  Notice of final disposition.

**SUMMARY :**  FMCSA announces its decision to exempt thirty-five individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.

**DATES :**  The exemptions are effective October 19, 2010. The exemptions expire on October 19, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of