63228 Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 

4Unscheduled operations are operations other 

than those regularly conducted by an air carrier 

between LaGaurdia and another service point. 

Unscheduled operations include general aviation, 

public aircraft, military, charter, ferry, and 

positioning flights. Helicopter operations are 

excluded from the reservation requirement. 

Reservations for unscheduled flights operating 

under visual flight rules (VFR) are granted when the 

aircraft receives clearance from air traffic control to 

land or depart LaGuardia. Reservations for 

unscheduled VFR flights are not included in the 

limits for unscheduled operators. 

unassigned, the FAA will determine 

whether any of the available Operating 

Authorizations should be reallocated. If 

so, the FAA will conduct a lottery using 

the provisions specified under 14 CFR 

93.225. The FAA may retime an 

Operating Authorization prior to 

reallocation in order to address 

operational needs. When the final Order 

expires, any Operating Authorizations 

reassigned under this paragraph, except 

those assigned to new entrants or 

limited incumbents, will revert to the 

FAA for reallocation according to the 

reallocation mechanism prescribed in 

the final rule that succeeds the final 

Order. 

8. If the FAA determines that a 

reduction in the number of allocated 

Operating Authorizations is required to 

meet operational needs, such as reduced 

airport capacity, the FAA will conduct 

a weighted lottery to withdraw 

Operating Authorizations to meet a 

reduced hourly or half-hourly limit for 

scheduled operations. The FAA will 

provide at least 45 days’ notice unless 

otherwise required by operational 

needs. Any Operating Authorization 

that is withdrawn or temporarily 

suspended will, if reallocated, be 

reallocated to the air carrier from which 

it was taken, provided that the air 

carrier continues to operate scheduled 

service at LaGuardia. 

9. The FAA will enforce the final 

Order through an enforcement action 

seeking a civil penalty under 49 U.S.C. 

46301(a). An air carrier that is not a 

small business as defined in the Small 

Business Act, 15 U.S.C. 632, would be 

liable for a civil penalty of up to $25,000 

for every day that it violates the limits 

set forth in the final Order. An air 

carrier that is a small business as 

defined in the Small Business Act 

would be liable for a civil penalty of up 

to $10,000 for every day that it violates 

the limits set forth in the final Order. 

The FAA also could file a civil action 

in U.S. District Court, under 49 U.S.C. 

46106, 46107, seeking to enjoin any air 

carrier from violating the terms of the 

final Order. 

B. Unscheduled Operations: 4

With respect to unscheduled flight 

operations at LaGuardia: 

1. The final Order applies to all 

operators of unscheduled flights, except 

helicopter operations, at LaGuardia from 

6 a.m. through 9:59 p.m., Eastern Time, 

Monday through Friday and from 12 

noon through 9:59 p.m., Eastern Time, 

Sunday. 

2. The final Order takes effect on 

January 1, 2007, and will expire at the 

first change of scheduling season 

occurring no less than 90 days after the 

issuance of a final rule regulating 

congestion at LaGuardia. 

3. No person can operate an aircraft 

other than a helicopter to or from 

LaGuardia unless the operator has 

received, for that unscheduled 

operations, a reservation that is assigned 

by the David J. Hurley Air Traffic 

Control System Command Center’s 

Airport Reservation Office (ARO). 

Additional information on procedures 

for obtaining a reservation will be 

available via the Internet at http:// 

www.fly.faa.gov/ecvrs. 

4. Six (6) reservations are available 

per hour for unscheduled operations at 

LaGuardia. The ARO will assign 

reservations on a 30-minute basis. 

5. The ARO receives and processes all 

reservation requests. Reservations are 

assigned on a ‘‘first-come, first-served’’

basis, determined as of the time that the 

ARO receives the request. A 

cancellation of any reservation that will 

not be used as assigned is required. 

6. Filing a request for a reservation 

does not constitute the filing of an 

instrument flight rules (IFR) flight plan, 

as separately required by regulation. 

After the reservation is obtained, an IFR 

flight plan can be filed. The IFR flight 

plan must include the reservation 

number in the ‘‘remarks’’ section. 

7. Air Traffic Control will 

accommodate declared emergencies 

without regard to reservations. Nonemergency flights in direct support of 

national security, law enforcement, 

military aircraft operations, or publicuse aircraft operations will be 

accommodated above the reservation 

limits with the prior approval of the 

Vice President, System Operations 

Services, Air Traffic Organization. 

Procedures for obtaining the appropriate 

reservation for such flights are available 

via the Internet at http:// 

www.fly.faa.gov/ECVRS. 

8. Notwithstanding the limits in 

paragraph 4, if the Air Traffic 

Organization determines that air traffic 

control, weather, and capacity 

conditions are favorable and significant 

delay is not likely, the FAA can 

accommodate additional reservations 

over a specific period. Unused 

Operating Authorizations can also be 

temporarily made available for 

unscheduled operations. Reservations 

for additional operations would be 

obtained through the ARO. 

9. Reservations cannot be bought, 

sold, or leased. 

Issued in Washington, DC, on November 2, 

2007. 

Kerry B. Long 

Chief Counsel, Federal Aviation 

Administration. 

[FR Doc. 07–5583 Filed 11–2–07; 4:11 pm] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highways 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 various proposed 

highway projects in the State of Texas. 

Those actions grant licenses, permits, 

and approvals for the projects. 

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 any of the 

listed highway projects will be barred 

unless the claim is filed on or before 

May 6, 2008. 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: 

Salvador Deocampo, District Engineer, 

Texas Division, Federal Highway 

Administration, 826 Federal Building, 

Room 826, 300 E. 8th Street, Austin, 

Texas 78701, 8 a.m. to 5 p.m. Monday 

through Friday, 512–536–5950, 

salvador.deocampo@fhwa.dot.gov. Ms. 

Dianna Noble, P.E., Director 

Environmental Affairs Division, Texas 

Department of Transportation, 118 E. 

Riverside, Austin, Texas 78704; 512–

416–2734; e-mail: 

dnoble@dot.state.tx.us. Texas 

Department of Transportation normal 

business hours are 8 a.m. to 5 p.m. 

(central time) Monday through Friday. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 216 / Thursday, November 8, 2007 / Notices 63229 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the highway projects in 

the State of Texas that are listed below. 

The actions by the Federal agencies on 

the projects, and the laws under which 

such actions were taken, are described 

in the documented environmental 

assessments (EAs), issued in connection 

with the projects, and in other 

documents in the FHWA project record 

for the project. The EA and other 

documents from the FHWA project 

record files for the listed projects are 

available by contacting the FHWA or 

TxDOT at the addresses provided above. 

This notice applies to all Federal 

agency decisions on the listed projects 

as of the issuance date of this notice and 

all laws under which such actions were 

taken, including but not limited to: 

I. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321–

4351]; Federal-Aid Highway Act 

(FAHA) [23 U.S.C. 109]. 

II. Air: Clean Air Act (CAA), 42 U.S.C. 

7401–7671(q). 

III. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 (4f) [49 U.S.C. 303]. 

IV. Wildlife: Endangered Species Act 

(ESA) [16 U.S.C. 1531–1544 and Section 

1536], Migratory Bird Treaty Act 

(MBTA) [16 U.S.C. 703–712]. 

V. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

(106) [16 U.S.C. 570(f) et seq.]; 

Archeological Resources Protection Act 

of 1977 (ARPA) [16 U.S.C. 470(aa)–11]; 

Archeological and Historic Preservation 

Act (AHPA) [16 U.S.C. 469–469(c)]. 

VI. Social and Economic: Civil Rights 

Act of 1964 (Civil Rights) [42 U.S.C. 

2000(d)–2000(d)(1)]. 

VII. Wetlands and Water Resources: 

Clean Water Act, 33 U.S.C. 1251–1377 

(Section 404, Section 401, Section 402, 

Section 319); Rivers and Harbors Act of 

1899 (RHA), 33 U.S.C. 401–406.) 

VIII. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 11514 

Protection and Enhancement of 

Environmental Quality. 

The projects subject to this notice are: 

1. State Highway (SH) 121 from FM 

423 to US 75 in the county of Collin. 

Project Reference Number: TxDOT CSJ: 

0364–03–066, etc. Project Type: The 

project will be for reconstruction and 

tolling of approximately fifteen and one 

half (15.5) miles of a 6 lane (3 in each 

direction) controlled access road with 

toll-free three lane frontage roads in 

each direction. Project Length: 

Approximately fifteen and one half 

(15.5) miles. General Purpose: The 

project will improve system linkage and 

mobility in the area in response to 

current and future traffic demand needs 

and development along SH 121. The 

actions by the Federal agencies on the 

project, and the laws under which such 

actions were taken, are described in the 

documented environmental assessment 

(EA), issued in connection with the 

project, and in other documents in the 

FHWA project record for the project. 

The EA and other documents from the 

FHWA project record files for the listed 

projects are available by contacting the 

FHWA or TxDOT at the addresses 

provided above and can be viewed and 

downloaded from the following Web 

site: http:// 

www.keepitmovingdallas.com. 

Final agency actions taken under: 

NEPA, FAHA, CAA, section 106, ESA, 

MBTA, ARPA, AHPA, Civil Rights Act, 

section 404 (USACE NWP14), section 

401, section 402, E.O. 11990, and E.O. 

11514. NEPA Documents: Actual EA/ 

FONSI was determined on November 

22, 1991 and was found to still be valid 

on October 17, 2002, April 14, 2006, and 

October 12, 2007. 

2. Project Location: State Highway 

(SH) 121 interchange at US 75 in the 

county of Collin. Project Reference 

Number: TxDOT CSJ: 0364–04–040. 

Project Type: The project will be 

reconstruction and tolling of a 6 and 8 

lane (3 and 4 in each direction) 

controlled access road with three lane 

frontage roads in each direction and 

construction of direct connectors 

between both mainlanes of SH 121 and 

US75. 

Project Length: Approximately two 

and eight tenths (2.8) miles. General 

Purpose: The project will improve 

system linkage and mobility in the area 

in response to current and future traffic 

demand needs and development along 

SH 121. Final agency actions taken 

under: NEPA, FAHA, CAA, ESA, 

MBTA, ARPA, AHPA, Civil Rights Act, 

section 402, E.O. 11990, and E.O. 11514. 

NEPA Document: EA/FONSI issued 

April 20, 2006 and was found to still be 

valid October 12, 2007. Document 

available at: http:// 

www.keepitmovingdallas.com. 

(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: November 1, 2007. 

Salvador Deocampo, 

District Engineer. 

[FR Doc. 07–5587 Filed 11–7–07; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2007–0022] 

Notice of Receipt of Petition for 

Decision That Nonconforming 2005 

Volkswagen Golf Passenger Cars are 

Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration, DOT. 

ACTION: Notice of receipt of petition for 

decision that nonconforming 2005 

Volkswagen Golf passenger cars are 

eligible for importation. 

SUMMARY: This document announces 

receipt by the National Highway Traffic 

Safety Administration (NHTSA) of a 

petition for a decision that 2005 

Volkswagen Golf passenger cars that 

were not originally manufactured to 

comply with all applicable Federal 

motor vehicle safety standards (FMVSS) 

are eligible for importation into the 

United States because (1) they are 

substantially similar to vehicles that 

were originally manufactured for sale in 

the United States and that were certified 

by their manufacturer as complying 

with the safety standards, and (2) they 

are capable of being readily altered to 

conform to the standards. 

DATES: The closing date for comments 

on the petition is December 10, 2007. 

ADDRESSES: Comments should refer to 

the docket and notice numbers above 

and be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: Comments must be 

written in the English language, and be 

no greater than 15 pages in length, 

although there is no limit to the length 

of necessary attachments to the 

comments. If comments are submitted 

in hard copy form, please ensure that 

two copies are provided. If you wish to 

receive confirmation that your 

comments were received, please enclose 

a stamped, self-addressed postcard with 

the comments. Note that all comments 


rwilkins on PROD1PC63 with NOTICES