Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Notices 28217

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 a 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 Airports Division

office in Hawthorne, California.

The county of Ventura submitted the

Noise Exposure Maps, descriptions, and

other documentation produced during

the noise compatibility planning study

conducted from May 1997 through

March 2000 to the FAA on May 28,

1998, and March 10, 2000. The

Camarillo Airport Noise Exposure Maps

were determined by FAA to be in

compliance with applicable

requirements on September 10, 1998.

Notice of this determination was

published in the Federal Register on

September 23, 1998.

The Camarillo Airport study contains

a proposed Noise Compatibility Program

comprised of actions designed for

implementation by airport management

and adjacent jurisdictions. It was

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, 2000, 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 program

within the 180-day period shall be

deemed to be an approval of such

program.

The submitted program contained

twenty-three 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

Acting Associate Administrator for

Airports approved the overall program

effective May 4, 2001.

All twenty-three of the program

measures have been approved. The

following fourteen measures were

approved as voluntary measures:

Continue prohibiting formation takeoffs

and landings without prior permission

from the Director of Airports; Continue

advising north traffic to fly the

downwind leg along U.S. Highway 101;

Continue advising Runway 26 arrivals

to make base leg turns west of Las Posas

Road; Continue advising pattern traffic

on Runway 8 to turn to the crosswind

leg prior to Las Posas Road; Continue

advising right traffic on Runway 8 so as

to avoid low overflights of the city;

Advise straight-in VFR approaches to

Runway 26 to remain south of U.S.

Highway 101 and south of housing

areas; Advise Runway 26 departures to

fly west and north of city when turning

right; Require aircraft over 80,000

pounds to land on Runway 8 and depart

on Runway 26 whenever safe and

practicable; When landings on Runway

26 are necessary, require aircraft over

80,000 pounds to make offset visual

approaches from the southeast over

farmland; Promote use of NBAA

standard noise abatement departure

procedures by jets; Promote use of

AOPA Noise Awareness Steps by light

single and twin engine aircraft;

Continue promoting a standard left

hand traffic pattern on Runway 26;

Designate Runway 26 as the calm wind

runway; and advise departures on

Runway 8 to make right turns to avoid

overflights of city. The following nine

measures were approved outright: Use

combined 2003 and 2018 noise contours

as basis for noise compatibility

planning; Set 60 CNEL as the threshold

for promoting airport compatible

development; Preserve airportcompatible land use designations within

60 CNEL and beneath the close-in traffic

pattern; Establish noise compatible

guidelines for the review of

development projects within the

‘‘compatible land use preservation area’’

and require fair disclosure agreements

and covenants for noise-sensitive uses

granted a development permit; Maintain

and enhance system for receiving,

analyzing, and responding to noise

complaints; Review Noise Compatibility

Plan implementation; Publish pilot

guide; Update Noise Exposure Maps and

Noise Compatibility Program; Acquire

noise monitors.

These determinations are set forth in

detail in a Record of Approval endorsed

by the Acting Associate Administrator

for Airports on May 4, 2001. 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

county of Ventura, Camarillo,

California.

Issued in Hawthrone, California on May

14, 2001.

Ellsworth L. Chan,

Acting Manager, Airports Division, AWP–600,

Western-Pacific Region.

[FR Doc. 01–12835 Filed 5–21–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent to Rule on Application

(#01–03–C–00–COD) To Impose and

Use the Revenue From a Passenger

Facility Charge (PFC) at Yellowstone

Regional Airport, Submitted by the

Joint Powers Board, Yellowstone

Regional Airport, Cody, Wyoming

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of intent to rule on

application.

SUMMARY: The FAA proposes to rule and

invites public comment on the

application to impose and use PFC

revenue at Yellowstone Regional

Airport under the provisions of 49

U.S.C. 40117 and Part 158 of the Federal

Aviation Regulations (14 CFR 158).

DATES: Comments must be received on

or before June 21, 2001.

ADDRESSES: Comments on this

application may be mailed or delivered

in triplicate to the FAA at the following

address: Alan E. Wiechmann, Manager;

Denver Airports District Office, DEN–

ADO; Federal Aviation Administration;

26805 E. 68th Avenue, Suite 224;

Denver, CO 80249–6361.

In addition, one copy of any

comments submitted to the FAA must

be mailed or delivered to Mr. David R.

Ulane, Airport Manager, at the following

address: Joint Powers Board,

Yellowstone Regional Airport, P.O. Box

2748, Cody, WY 82414.

Air Carriers and foreign air carriers

may submit copies of written comments

previously provided to Yellowstone

Regional Airport, under section 158.23

of Part 158.

FOR FURTHER INFORMATION CONTACT: Mr.

Chris Schaffer, (303) 342–1258; Denver

Airports District Office, DEN–ADO;

Federal Aviation Administration; 26805

68th Avenue, Suite 224; Denver, CO

80249–6361. The application may be

reviewed in person at this same

location.

SUPPLEMENTARY INFORMATION: The FAA

proposes to rule and invites public

comment on the application (#01–03–C–

00–COD) to impose and use PFC

revenue at Yellowstone Regional

Airport, under the provisions of 49

28218 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Notices

U.S.C. 40117 and Part 158 of the Federal

Aviation Regulations (14 CFR part 158).

On May 14, 2001, the FAA

determined that the application to

impose and use the revenue from a PFC

submitted by the Joint Powers Board,

Yellowstone Regional Airport, Cody,

Wyoming, was substantially complete

within the requirements of section

158.25 of Part 158. The FAA will

approve or disapprove the application,

in whole or in part, no later than August

16, 2001.

The following is a brief overview of

the application.

Level of the proposed PFC: $4.50.

Proposed charge effective date:

November 1, 2001.

Proposed charge expiration date:

January 1, 2003.

Total requested for use approval:

$294,000.00.

Brief description of proposed projects:

Encasement of irrigation canal,

relocation/reconstruction of parallel

taxiway, acquisition of airfield

equipment, and general aviation apron

expansion.

Class or classes of air carriers, which

the public agency has requested not be

required to collect PFC’s: Nonscheduled on-demand air carriers filing

FAA Form 1800–31.

Any person may inspect the

application in person at the FAA office

listed above under FOR FURTHER

INFORMATION CONTACT and at the FAA

Regional Airports Office located at:

Federal Aviation Administration,

Northwest Mountain Region, Airports

Division, ANM–600, 1601 Lind Avenue

SW., Suite 315, Renton, WA 98055–

4056.

In addition, any person may, upon

request, inspect the application, notice

and other documents germane to the

application in person at the Yellowstone

Regional Airport.

Issued in Renton, Washington on May 14,

2001.

David A. Field,

Manager, Planning, Programming and

Capacity Branch, Northwest Mountain

Region.

[FR Doc. 01–12836 Filed 5–21–01; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

Notice of Granted Buy America Waiver

AGENCY: Federal Transit Administration

(FTA), DOT.

ACTION: Notice of Granted Buy America

Waiver.

SUMMARY: This waiver allows New Flyer

of America to count a foreign

manufactured articulating joint system

used in its low floor buses as a domestic

component for purposes of calculating

the aggregate domestic content of the

vehicle and was predicated on the nonavailability of the item in the domestic

market. The waiver was granted on

April 24, 2001, for the period of two

years, or until such time as a domestic

source for this articulating joint

becomes available, whichever occurs

first. This notice shall insure that the

public, particularly potential

manufacturers, is aware of this waiver.

FTA requests that the public notify it of

any relevant changes in the domestic

market.

FOR FURTHER INFORMATION PLEASE

CONTACT: Meghan G. Ludtke, FTA Office

of Chief Counsel, Room 9316, (202)

366–4011 (telephone) or (202) 366–3809

(fax).

SUPPLEMENTARY INFORMATION: The

above-referenced waiver follows:

April 24, 2001.

Mr. Paul Smith,

Vice President, Sales and Marketing, New

Flyer of America, 711 Kerneghan

Avenue, Winnipeg, Manitoba, Canada

R2C 3T4

Dear Mr. Smith: This letter responds to

your correspondence of March 9, 2001, in

which New Flyer of America requests a nonavailability waiver of the Buy America

requirements for the procurement of the

Hubner Manufacturing Corporation (Hubner)

articulating joint system for use in New

Flyer’s low floor buses. The system is

comprised of three sections, a mechanical

artic joint and hydraulic damping unit, an

electronic control unit, and a center hoop

and bellows.

The Federal Transit Administration’s

(FTA) requirements concerning domestic

preference for federally funded transit

projects are set forth in 49 U.S.C. 5323(j).

Section 5323(j)(2)(C) addresses the general

requirements for the procurement of rolling

stock. This section provides that all rolling

stock procured with FTA funds must have a

domestic content of at least 60 percent and

must undergo final assembly in the U.S.

A non-availability waiver would allow

New Flyer to count the joint as domestic for

the purpose of calculating the aggregate

domestic content of the vehicle. You request

a waiver under 49 U.S.C. 5323(j)(2)(B), which

states the Buy America requirements shall

not apply if the item or items being procured

are not produced in the U.S. in sufficient and

reasonably available quantities or are not of

a satisfactory quality. The implementing

regulation provides that, ‘‘[i]t will be

presumed that the conditions exist to grant

this non-availability waiver if no responsive

and responsible bid is received offering an

item produced in the United States.’’ 49 CFR

661.7(c)(1). The regulation goes on to note

that, ‘‘[t]he waivers described in paragraphs

(b) and (c) of this section may be granted for

a component or subcomponent in the case of

the procurement of the items governed by [49

U.S.C. 5323(j)(2)(C)] (requirements for rolling

stock). If a waiver is granted for a component

or subcomponent, that component or

subcomponent will be considered to be of

domestic origin for the purposes of section

661.11 of this part.’’ 49 CFR 661.7(f). The

regulations allow a bidder or supplier to

request a non-availability waiver for a

component or subcomponent in the

procurement of rolling stock. See 49 CFR

661.7(f) and 49 CFR 661.9(d).

New Flyer is a manufacturer of buses and

regularly contracts to supply low floor buses

to transit authorities and other U.S.

customers. You state that the Hubner

articulating joint system is necessary for the

production of articulated low floor buses and

is not available from a domestic source. In

addition to the representations in your

correspondence, you have also provided me

with information indicating that, based on

New Flyer’s research, there are no U.S.

companies with an approved design or the

tooling necessary to produce the type of

articulated joint required for New Flyer’s low

floor buses. You also included a letter from

Hubner, which indicates that its manufacture

of an American low floor articulating joint

system is feasible but the manufacturing

process would take a minimum of one year

to develop.

This matter has been reviewed by FTA’s

engineering staff who noted that some

components of the three sections included in

the articulating joint system are available

domestically but the entire joint mechanism

necessary for New Flyer’s vehicle design is

not. Additionally, switching to a different

type of joint would necessitate costly and

time-consuming engineering changes to a low

floor vehicle that has a limited share of the

market.

Based on the information you have

provided, I have determined that the grounds

for a non-availability waiver do exist.

Therefore, pursuant to the provisions of 49

U.S.C. 5323(j)(2)(B), the waiver is granted for

the procurement of Hubner’s articulating

joint system for the New Flyer low floor

buses for the period of two years, or until

such time as a domestic source for this joint

becomes available, whichever occurs first. In

order to insure that the public is aware of this

waiver, particularly potential manufacturers,

this waiver will be published in the Federal

Register.

If you have any questions, please contact

Meghan G. Ludtke at 202.366–4011.

Very truly yours,

Gregory B. McBride,

Acting Chief Counsel.

Issued: May 16, 2001.

Hiram J. Walker,

Acting Deputy Administrator, Federal Transit

Administration.

[FR Doc. 01–12863 Filed 5–21–01; 8:45 am]

BILLING CODE 4910–57–P