52152 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 

Specialist, Federal Aviation 

Administration, Texas Airports 

Development Office, ASW–650, 2601 

Meacham Boulevard, Fort Worth, Texas 

76193–0650. Telephone (817) 222–5607. 

Documents reflecting this FAA action 

may be reviewed at this same location. 

SUPPLEMENTARY INFORMATION: This 

notice announces that the FAA has 

given its overall approval to the Noise 

Compatibility Program revision for 

Austin-Bergstrom International Airport, 

effective August 5, 2005. 

Under section 47504 of the Act, an 

airport operator who has previously 

submitted a noise exposure 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’s Noise Compatibility 

Program developed in accordance with 

Federal Aviation Regulations (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 

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 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 regional office in 

Fort Worth, Texas. 

The city of Austin submitted to the 

FAA on April 5, 1999, the noise 

exposure maps, descriptions, and other 

documentation produced during the 

noise compatibility planning study 

conducted from August 1998 through 

March 1999. Subsequently, the city 

submitted a revised 2004 noise exposure 

map, which the FAA approved on May 

8, 2000. The Austin-Bergstrom 

International Airport’s noise exposure 

maps were determined by FAA to be in 

compliance with applicable 

requirements on April 5, 1999 and May 

8, 2000. Notices of these determinations 

were published in the Federal Register 

on April 20, 1999 and May 25, 2000, 

respectively. 

The Austin-Bergstrom International 

Airport study contains a proposed Noise 

Compatibility Program revision 

comprised of actions designed for 

phased implementation by airport 

management and adjacent jurisdictions. 

It was requested that the FAA evaluate 

and approve this material as a Noise 

Compatibility Program revision as 

described in section 47504 of the Act. 

The FAA began its review of the 

program revision on February 11, 2005, 

and was required by a provision of the 

Act to approve or disapprove the 

program within 180 days (other than the 

use of new or modified flight 

procedures for noise control). Failure to 

approve or disapprove such program 

within the 180-day period shall be 

deemed an approval of such program. 

The submitted program revision 

contained one (1) proposed action for 

noise mitigation off the airport. The 

FAA completed its review and 

determined that the procedural land 

substantive requirements of the Act and 

FAR Part 150 have been satisfied. The 

overall program revision, therefore, was 

approved by the FAA effective August 

5, 2005. 

Outright approval was granted for the 

one (1) specific program measure. 

Approved action elements included a 

land use mitigation measure involving a 

land acquisition program and a sound 

insulation program. These 

determinations are set forth in detail in 

a Record of Approval signed by the 

Associate Administrator for Airports, 

ARP–1, on August 5, 2005. 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 

Austin-Bergstrom International Airport. 

The Record of Approval also will be 

available on-line at http://www.faa.gov/ 

arp/environmental/14cfr150/ 

index14.cfm. 

Issued in Fort Worth, Texas, August 24, 

2005. 

Kelvin L. Solco, 

Manager, Airports Division. 

[FR Doc. 05–17381 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Membership in the National Parks 

Overflights Advisory Group Aviation 

Rulemaking Committee 

AGENCIES: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice. 

SUMMARY: The National Park Service 

(NPS) and the Federal Aviation 

Administration (FAA), as required by 

the National Parks Air Tour 

Management Act of 2000, established 

the National Parks Overflights Advisory 

Group (NPOAG) in March 2001. The 

NPOAG was formed to provide 

continuing advice and counsel with 

respect to commercial air tour 

operations over and near national parks. 

On October 10, 2003, the Administrator 

signed Order No. 1110–138 establishing 

the NPOAG as an aviation rulemaking 

committee (ARC). This notice informs 

the public of a vacancy on the NPOAG 

ARC, for a member representing air 

Indian tribal interests, and invites 

interested persons to apply to fill the 

vacancy. 

FOR FURTHER INFORMATION CONTACT: 

Barry Brayer, Executive Resource Staff, 

Western Pacific Region Headquarters, 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Notices 52153 

1Watco owns 100% of the issued and outstanding 

stock of YVRR. 2Although Watco indicated that this transaction 

would be consummated on or shortly after August 

9, 2005, YVRR, in STB Finance Docket No. 34737, 

indicated that the underlying lease transaction 

would not be consummated until August 15, 2005. 3 YVRR also seeks to acquire incidental, overhead 

trackage rights over the BNSF rail lines located 

between: (1) milepost 78.6, on the BNSF Sidney 

Subdivision, near Snowden, MT, and milepost 0.93, 

on the BNSF Scobey Subdivision, near Bainville, 

MT, via the BNSF Glasgow Subdivision between 

Snowden and Bainville; and (2) milepost 6.0, near 

Glendive, MT, and milepost 0.0, at Glendive, MT. 

15000 Aviation Blvd., Hawthorne, CA 

90250, telephone: (310) 725–3800, 

E-mail: Barry.Brayer@faa.gov, or Karen 

Trevino, National Park Service, Natural 

Sounds Program, 1201 Oakridge Dr., 

Suite 350, Ft. Collins, CO 80525, 

telephone (970) 225–3563, or 

Karen_Trevino@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Parks Air Tour 

Management Act of 2000 (the Act) was 

enacted on April 5, 2000, as Public Law 

106–181. The Act required the 

establishment of the advisory group 

within 1 year after its enactment. The 

NPOAG was established in March 2001. 

The advisory group is comprised of a 

balanced group of representatives of 

general aviation, commercial air tour 

operations, environmental concerns, 

and Native American tribes. The 

Administrator and the Director (or their 

designees) serve as ex officio members 

of the group. Representatives of the 

Administrator and Director serve 

alternating 1-year terms as chairman of 

the advisory group. 

By Order No. 1110–138, October 10, 

2003, the NPOAG became an aviation 

rulemaking committee (ARC). 

The NPOAG ARC provides ‘‘advice, 

information, and recommendations to 

the Administrator and the Director—

(1) On the implementation of this title 

[the Act] and the amendments made by 

this title; 

(2) On commonly accepted quiet 

aircraft technology for use in 

commercial air tour operations over a 

national park or tribal lands, which will 

receive preferential treatment in a given 

air tour management plan; 

(3) On other measures that might be 

taken to accommodate the interests of 

visitors to national parks; and 

(4) At the request of the Administrator 

and the Director, safety, environmental, 

and other issues related to commercial 

air tour operations over a national park 

or tribal lands.’’

Members of the NPOAG ARC may be 

allowed certain travel expenses as 

authorized by section 5703 of title 5, 

United States Code, for intermittent 

Government Service. 

The NPOAG ARC is made up of four 

members representing the air tour 

industry, four members representing 

environmental interests, and two 

members representing Native American 

interests. 

Public Participation in the NPOAG 

ARC 

In order to maintain the balanced 

representation of the group, the FAA 

and the NPS invite persons interested in 

serving on the NPOAG ARC to represent 

Indian Tribal interests to contact either 

of the persons listed in FOR FURTHER

INFORMATION CONTACT. Requests to serve 

on the NPOAG ARC should be made in 

writing and postmarked on or before. 

The request should indicate the Indian 

tribe that you are a member of, and what 

expertise you would bring to Native 

American interests while serving on the 

NPOAG. The term of service for NPOAG 

members is 3 years. 

Issued in Washington, DC on August 26, 

2005. 

William C. Withycombe, 

Regional Administrator, Western-Pacific 

Region. 

[FR Doc. 05–17385 Filed 8–31–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 34736] 

Watco Companies, Inc.—Continuance 

in Control Exemption—Yellowstone 

Valley Railroad, Inc 

Watco Companies, Inc. (Watco), has 

filed a verified notice of exemption to 

continue in control of the Yellowstone 

Valley Railroad, Inc. (YVRR), upon 

YVRR’s becoming a Class III rail 

carrier.1

The transaction was scheduled to be 

consummated on or shortly after August 

9, 2005.2

This transaction is related to the 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

34737, Yellowstone Valley Railroad, 

Inc.—Lease and Operation Exemption—

BNSF Railway Company. In that 

proceeding, YVRR seeks to acquire by 

lease from the BNSF Railway Company 

and operate approximately 171.97 miles 

of rail line extending between: (1) 

Milepost 6.0, near Glendive, MT, and 

milepost 78.6, near Snowden, MT; and 

(2) milepost 0.93, near Bainville, MT, 

and milepost 100.3, near Scobey, MT.3

Watco, a Kansas corporation, is a 

noncarrier that currently controls 12 

Class III rail carriers: South Kansas and 

Oklahoma Railroad Company (SKO); 

Palouse River & Coulee City Railroad, 

Inc. (PRCC); Timber Rock Railroad, Inc. 

(TIBR); Stillwater Central Railroad, Inc. 

(SLWC); Eastern Idaho Railroad, Inc. 

(EIRR); Kansas & Oklahoma Railroad, 

Inc. (K&O); Pennsylvania Southwestern 

Railroad, Inc. (PSWR); Great Northwest 

Railroad, Inc. (GNR); Kaw River 

Railroad, Inc. (KRR); Mission Mountain 

Railroad, Inc. (MMT); Appalachian & 

Ohio Railroad, Inc. (AO); and 

Mississippi Southern Railroad, Inc. 

(MSRR). 

Applicant states that: (1) The rail lines 

operated by SKO, PRCC, TIBR, SLWC, 

EIRR, K&O, PSWR, GNR, KRR, MMT, 

AO and MSRR do not connect with the 

rail lines being leased by YVRR; (2) the 

continuance in control is not part of a 

series of anticipated transactions that 

would connect the rail lines being 

acquired by YVRR with any railroad in 

the Watco corporate family; and (3) 

neither YVRR nor any of the carriers 

controlled by Watco are Class I carriers. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). The purpose of the 

transaction is to reduce overhead 

expenses and coordinate billing, 

maintenance, mechanical and personnel 

policies and practices of applicant’s rail 

carrier subsidiaries and thereby improve 

the overall efficiency of rail service 

provided by the 13 railroads. 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

exemption under 49 U.S.C. 10502(d) 

may be filed at any time. The filing of 

a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34736, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Karl Morell, 

Of Counsel, Ball Janik LLP, 1455 F 

Street, NW., Suite 225, Washington, DC 

20005.