12174 Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 

Presidential permit would be in the U.S. 

national interest. 

DATES: Interested members of the public 

are invited to submit written comments 

regarding this application on or before 

April 22, 2009 to Mr. Daniel Darrach, 

U.S.-Mexico Border Affairs Coordinator, 

via e-mail at WHABorderAffairs@state.gov, or by mail at 

WHA/MEX—Room 3909, Department of 

State, 2201 C St., NW., Washington, DC 

20520. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel Darrach, U.S.-Mexico Border 

Affairs Coordinator, via e-mail at WHABorderAffairs@state.gov; by phone at 

202–647–9894; or by mail at WHA/ 

MEX—Room 3909, Department of State, 

2201 C St., NW., Washington, DC 20520. 

General information about Presidential 

Permits is available on the Internet at 

http://www.state.gov/p/wha/rt/permit/. 

Dated: March 16, 2009. 

Alex Lee, 

Director, Office of Mexican Affairs, 

Department of State. 

[FR Doc. E9–6324 Filed 3–20–09; 8:45 am] 

BILLING CODE 4710–29–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Waterbury-Oxford Airport, Oxford, CT; 

FAA 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 submitted by the Connecticut 

Department of Transportation 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 6, 2008, 

the FAA determined that the noise 

exposure maps submitted by the 

Connecticut Department of 

Transportation under Part 150 were in 

compliance with applicable 

requirements. On January 14, 2009, the 

Manager, Airports Division, New 

England Region, approved the 

Waterbury-Oxford Airport noise 

compatibility program. All 12 of the 

proposed program elements were 

approved. 

DATES: Effective Date: The effective date 

of the FAA’s approval of the WaterburyOxford Airport noise compatibility 

program is January 14, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryon Rakoff, Federal Aviation 

Administration, New England Region, 

Airports Division, 12 New England 

Executive Park, Burlington, 

Massachusetts 01803, Telephone (781) 

238–7610. 

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 

Waterbury-Oxford Airport noise 

compatibility program, effective January 

14, 2009. 

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 

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 Connecticut Department of 

Transportation submitted to the FAA, 

on October 9, 2008, noise exposure 

maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from September 2004 to 

October 2008. The Waterbury-Oxford 

Airport noise exposure maps were 

determined by FAA to be in compliance 

with applicable requirements on 

November 6, 2008. Notice of this 

determination was published in the 

Federal Register on December 1, 2008. 

The Waterbury-Oxford 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 2012. The Connecticut 

Department of Transportation 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 6, 2008, and was 

required by a provision of the Act to 

approve or disapprove the program 

within 180 days (other than the use of 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 54 / Monday, March 23, 2009 / Notices 12175 

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 12 

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 overall 

program, therefore, was approved by the 

Manager, Airports Division, New 

England Region effective January 14, 

2009. 

All 12 of the proposed program 

elements were approved. The 12 

program elements include noise 

abatement departure flight tracks, noise 

abatement departure profile, preferential 

runway use, coordination of proposed 

zoning changes, fair disclosure of real 

estate transactions, noise related 

subdivision regulatory review, 

voluntary residential property 

acquisition, voluntary sound insulation, 

establishment of a Noise Abatement 

Committee, development of a Web site 

for public outreach, publication of 

operational noise abatement measures 

in pilot guides, and provision for 

updates to the noise compatibility 

program measures and noise contours. 

FAA’s determinations are set forth in 

detail in a Record of Approval signed by 

the Manager, Airports Division, New 

England Region on January 14, 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 WaterburyOxford Airport, Oxford, CT. 

Issued in Burlington, Massachusetts, on 

January 14, 2009. 

LaVerne F. Reid, 

Manager, Airports Division, New England 

Region. 

[FR Doc. E9–6171 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on United States Highway 290 in Texas 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of limitation on claims 

for judicial review of actions by FHWA 

and other Federal agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

meaning of 23 U.S.C. 139(l)(1). The 

actions relate to a proposed highway 

project, United States Highway 290 (US 

290), east of Austin, beginning at U.S. 

183 and heading east to SH 130 in 

Travis County in the State of Texas. 

Those actions grant licenses, permits, 

and approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. 139(l)(1). A 

claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before September 21, 2009. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

filing such claim, then that shorter time 

period still applies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Salvador Deocampo, District Engineer, 

Federal Highway Administration, 300 E. 

8th Street, Rm. 826, Austin, Texas 

78701; telephone: (512) 536–5950; email: salvador.deocampo@fhwa.dot.gov. 

The FHWA Texas Division Office’s 

normal business hours are 7:45 a.m. to 

4:15 p.m. You may also contact Ms. 

Dianna Noble, Texas Department of 

Transportation, 125 E. 11th Street, 

Austin, Texas 78701; telephone: (512) 

416–2734. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following highway 

project in the State of Texas: United 

States Highway 290 (US 290), east of 

Austin, beginning at U.S. 183 and 

heading east to SH 130 in Travis County 

in the State of Texas. The project will 

be an approximately 5.0 mile long, sixlane tollway with grade separations at 

all intersecting roadways (i.e., a fully 

access-controlled facility) with full 

length frontage roads. The proposed 

highway will follow the existing U.S. 

290 alignment. The actions by the 

Federal agencies, and the laws under 

which such actions were taken, are 

described in the Environmental 

Assessment (EA) for the project, dated 

February 2008, in the FHWA Finding of 

No Significant Impact (FONSI) issued 

on March 9, 2009, and in other 

documents in the FHWA project 

records. The EA, FONSI, and other 

documents in the FHWA project records 

file are available by contacting the 

FHWA or the Texas Department of 

Transportation at the addresses 

provided above. This notice applies to 

all Federal agency decisions as of the 

issuance date of this notice and all laws 

under which such actions were taken, 

including but not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and Section 

1536], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; Farmland Protection Policy 

Act (FPPA) [7 U.S.C. 4201–4209]. 

7. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 319). 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898, 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13175 Consultation and 

Coordination with Indian Tribal 

Governments; E.O. 11514 Protection and 

Enhancement of Environmental Quality; 

E.O. 13112 Invasive Species. 

(Catalog of Federal Domestic Assistance 

Program Number 20.205, Highway Planning 

and Construction. The regulations 

implementing Executive Order 12372 

regarding intergovernmental consultation on 

Federal programs and activities apply to this 

program.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on: March 10, 2009. 

Salvador Deocampo, 

District Engineer, Austin, Texas. 

[FR Doc. E9–6157 Filed 3–20–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

March 17, 2009. 

The Department of the Treasury will 

submit the following public information 

collection requirement(s) to OMB for 

review and clearance under the 


dwashington3 on PROD1PC60 with NOTICES