Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14839 

Noise Compatibility Program.’’ It was 

requested that the FAA review this 

material as the noise exposure maps, as 

described in section 47503 of the Act, 

and that the noise mitigation measures, 

to be implemented jointly by the airport 

and surrounding communities, be 

approved as a noise compatibility 

program under section 47504 of the Act. 

The FAA has completed its review of 

the noise exposure maps and related 

descriptions submitted by the Kansas 

City Aviation Department. The specific 

documentation determined to constitute 

the noise exposure maps includes: 

Current Noise Exposure Map (2008) as 

shown on Exhibit NEM–1, Future Noise 

Exposure Map/Noise Compatibility 

Program Map (2013) as shown on 

Exhibit NEM–2, and the associated 

supporting report, ‘‘2008 Update to 14 

CFR Part 150 Noise Exposure Maps and 

Noise Compatibility Program’’, which 

contains all other narrative, graphic, or 

tabular representations of the data as 

required by section Al 50.101 of Part 

150, and sections 47503 and 47506 of 

the Act. The FAA has determined that 

these maps for the Kansas City 

International Airport are in compliance 

with applicable requirements. This 

determination is effective on March 20, 

2009. FAA’s determination on an airport 

operator’s noise exposure maps is 

limited to a finding that the maps were 

developed in accordance with the 

procedures contained in appendix A of 

FAR part 150. Such determination does 

not constitute approval of the 

applicant’s data, information or plans, 

or constitute a commitment to approve 

a noise compatibility program or to fund 

the implementation of that program. 

If questions arise concerning the 

precise relationship of specific 

properties to noise exposure contours 

depicted on a noise exposure map 

submitted under section 47503 of the 

Act, it should be noted that the FAA is 

not involved in any way in determining 

the relative locations of specific 

properties with regard to the depicted 

noise contours, or in interpreting the 

noise exposure maps to resolve 

questions concerning, for example, 

which properties should be covered by 

the provisions of section 47506 of the 

Act. These functions are inseparable 

from the ultimate land use control and 

planning responsibilities of local 

government. These local responsibilities 

are not changed in any way under Part 

150 or through FAA’s review of noise 

exposure maps. Therefore, the 

responsibility for the detailed 

overlaying of noise exposure contours 

onto the map depicting properties on 

the surface rests exclusively with the 

airport operator that submitted those 

maps, or with those public agencies and 

planning agencies with which 

consultation is required under section 

47503 of the Act. The FAA has relied on 

the certification by the airport operator, 

under section 150.21 of Part 150, that 

the statutorily required consultation has 

been accomplished. 

The FAA has formally received the 

noise compatibility program for the 

Kansas City International Airport, also 

effective on March 20, 2009. 

Preliminary review of the submitted 

material indicates that it conforms to the 

requirements for the submittal of noise 

compatibility programs, but that further 

review will be necessary prior to 

approval or disapproval of the program. 

The formal review period, limited by 

law to a maximum of 180 days, will be 

completed on or before September 16, 

2009. 

The FAA’s detailed evaluation will be 

conducted under the provisions of 

section 150.33 of Part 150. The primary 

considerations in the evaluation process 

are whether the proposed measures may 

reduce the level of aviation safety, 

create an undue burden on interstate or 

foreign commerce, or be reasonably 

consistent with obtaining the goal of 

reducing existing non compatible land 

uses and preventing the introduction of 

additional non-compatible land uses. 

Interested persons are invited to 

comment on the proposed program with 

specific reference to these factors. All 

relevant comments, other than those 

properly addressed to local land use 

authorities, will be considered by the 

FAA to the extent practicable. Copies of 

the noise exposure maps, the FAA’s 

evaluation of the maps, and the 

proposed noise compatibility program 

are available for examination at the 

following locations: 

Federal Aviation Administration, 

Central Region Airports Division, Room 

335, 901 Locust, Kansas City, Missouri 

64106–2325, from 7:30 a.m. to 4 p.m. 

Lapondzia Jones, Kansas City 

Aviation Department, Kansas City 

International Airport, 601 Brasilia 

Avenue, Kansas City, Missouri 64153– 

2054, from 8 a.m. to 5 p.m. 

Questions may be directed to the 

individual named above under the 

heading, FOR FURTHER INFORMATION

CONTACT. 

Issued in Kansas City, Missouri, March 20, 

2009. 

Jim A. Johnson, 

Manager, Central Region Airports Division. 

[FR Doc. E9–7000 Filed 3–31–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in California 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by the 

California Department of Transportation 

(Caltrans), pursuant to 23 U.S.C. 327. 

SUMMARY: The FHWA, on behalf of 

Caltrans, is issuing this notice to 

announce actions taken by Caltrans 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, State Route 

76 (SR–76) from Melrose Drive in 

Oceanside to South Mission Avenue in 

Bonsall [KP 11.7/21.1 (PM 7.3/13.1)] in 

the county of San Diego, State of 

California. Those actions grant licenses, 

permits, and approvals for the project. 

DATES: By this notice, the FHWA, on 

behalf of Caltrans, 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 28, 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 the shorter time period still 

applies. 

FOR FURTHER INFORMATION CONTACT: 

Susanne Glasgow, Deputy District 

Director, Division of Environmental 

Analysis, California Department of 

Transportation, 4050 Taylor Street, San 

Diego, CA 92110, Regular Office Hours 

8 a.m. to 5 p.m., Telephone number 

619–688–0100, e-mail 

Susanne.Glasgow@dot.ca.gov. 

SUPPLEMENTARY INFORMATION: Effective 

July 1, 2007, the FHWA assigned, and 

the California Department of 

Transportation (Caltrans) assumed, 

environmental responsibilities for this 

project pursuant to 23 U.S.C. 327. 

Notice is hereby given that Caltrans has 

taken final agency actions subject to 23 

U.S.C. 139(l)(1) by issuing licenses, 

permits, and approvals for the following 

highway project in the State of 

California: The project is located in 

northern San Diego County on SR–76 

from Melrose Drive in the City of 

Oceanside, to South Mission Road in 

the unincorporated community of 

Bonsall, covering a distance of 

approximately 9.4-kilometers (5.8- 

miles). The project would construct SR– 

76 as a four-lane conventional highway 

14840 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

with right-of-way and grading to 

accommodate future widening, if 

justified. The project would require 

channelization lanes in some locations 

and would be constructed to 

accommodate six-lanes in response to 

the channelization need. The Existing 

Alignment Alternative has been selected 

as the Preferred Alternative and the 

Least Environmentally Damaging 

Practicable Alternative (LEDPA). The 

FHWA project reference number is 

FHWA–CA–EIS–07–01–F. The actions 

by the Federal agencies, and the laws 

under which such actions were taken, 

are described in the Final 

Environmental Impact Statement (FEIS) 

for the project, approved on November 

26, 2008, in the FHWA Record of 

Decision (ROD) issued on March 3, 

2009, and in other documents in the 

FHWA project records. The FEIS, ROD, 

and other project records are available 

by contacting Caltrans at the addresses 

provided above. The Caltrans FEIS and 

ROD can be viewed and downloaded 

from the project Web site at http:// 

www.keepsandiegomoving.com/sr76.html. Pending federal actions 

include: 

• 401 Water Quality Certification 

from the Regional Water Quality Control 

Board, under Section 401 of the Clean 

Water Act. 

• 404 Permit pursuant to the 

Memorandum of Understanding Among 

the FHWA; Caltrans, USACE, U.S. Fish 

and Wildlife Service and the National 

Marine Fisheries Service for the 

National Environmental Policy Act and 

the Clean Water Act Section 404 

Integration Process for Federal Aid 

Surface Transportation Projects in 

California (NEPA/404 MOU). 

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. Council on Environmental Quality 

regulations; 

2. National Environmental Policy Act 

(NEPA); 

3. Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU); 

4. Department of Transportation Act 

of 1966; 

5. Federal Aid Highway Act of 1970; 

6. Clean Air Act Amendments of 

1990; 

7. Clean Water Act of 1977 and 1987; 

8. Endangered Species Act of 1973; 

9. Migratory Bird Treaty Act; 

10. Farmland Protection Policy Act of 

1981; 

11. Title VI of the Civil Rights Act of 

1964; 

12. Uniform Relocation Assistance 

and Real Property Acquisition Act of 

1970; 

13. National Historic Preservation Act 

of 1966; 

14. Historic Sites Act of 1935; 

15. Executive Order 11990, Protection 

of Wetlands; 

16. Executive Order 13112, Invasive 

Species; 

17. Executive Order 11988, 

Floodplain Management; and, 

18. Executive Order 12898, 

Environmental Justice. 

(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 25, 2009. 

Cindy Vigue, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–7278 Filed 3–31–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Informational Filing To Test 

a Processor-Based Signal and Train 

Control System and a Request for 

Waiver of Compliance 

In accordance with Part 211 of Title 

49 of the Code of Federal Regulations 

(CFR), notice is hereby given that the 

Federal Railroad Administration (FRA) 

received a request for a waiver of 

compliance from certain requirements 

of its Federal railroad safety regulations. 

The individual petition is described 

below, including the party seeking 

relief, the regulatory provisions 

involved, the nature of the relief being 

requested, and the petitioner’s 

arguments in favor of relief. 

CSX Transportation, Inc. 

(Docket Number FRA–2006–25057) 

On June 11, 2007, FRA authorized 

CSX Transportation, Inc. (CSXT) to 

conduct limited field testing of its 

Communications Based Train 

Management (CBTM) system. CBTM is a 

non-vital safety-critical overlay 

designed to supplement the existing 

method of operation to protect against 

the consequence of human error. As part 

of this authorization, FRA granted CSXT 

temporary conditional relief from 

certain requirements of the Federal 

railroad safety regulations, including 

specific sections of the following Parts 

of Title 49 of the CFR: 216 (Special 

notice and emergency order procedures: 

Railroad track, locomotive and 

equipment), 217 (Railroad operating 

rules), 218 (Railroad operating 

practices), 229 (Railroad locomotive 

safety standards), 233 (Signal systems 

reporting requirements), 235 

(Instructions governing applications for 

approval or a discontinuance or material 

modification of a signal system or relief 

from the requirements of part 236), 236 

(Rules, standards, and instructions 

governing the installation, inspection, 

maintenance, and repair of signal and 

train control systems, devices, and 

appliances), and 240 (Qualification and 

certification of locomotive engineers). 

Details of the exact relief granted are 

found in FRA’s June 11, 2007, letter 

(document number FRA–2006–25057– 

0008). 

The CBTM test territory authorized 

was 144.9 miles of CSXT trackage on the 

Blue Ridge Subdivision of the 

Huntington Division West, and 128.1 

miles of CSXT trackage on two 

subdivisions, the Spartanburg and 

McCormick subdivisions of the Florence 

Division. 

In association with the continued 

development and implementation 

testing of the CBTM system, by letter 

dated August 13, 2008, CSXT submitted 

an amended informational filing and 

waiver petition seeking to modify the 

terms of FRA’s June 11, 2007, approval. 

In its August 13, 2008, waiver petition, 

CSXT asserts that because of increased 

traffic in the approved test territories, 

recent signal system upgrades have been 

completed that limit its ability to 

properly conduct CBTM fields tests in 

the previously approved territory. 

Accordingly, CSXT requests that FRA 

amend its original approval and waiver 

to apply to new test territories on the 

railroad’s Aberdeen and Andrews’s 

subdivisions. Specifically, CSXT 

requests authority to test its CBTM 

system consistent with the conditions 

outlined in FRA’s June 11, 2007, 

approval on 86.9 miles of CSXT trackage 

on the Aberdeen subdivision and 156.6 

miles of CSXT trackage on the Andrews 

subdivision. Both the Aberdeen and 

Andrews subdivision are part of CSXT’s 

Florence Division. 

For information purposes only, FRA 

is also providing notice that pursuant to 

49 CFR 236.913(j), CSXT has submitted 

an amended informational filing 

pertaining to enhancements that have 

been made to the CBTM system. FRA 

will accept comments on the amended 

informational filing only as far as that 

document requires waivers from 

regulatory requirements.