3960 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 

effective January 12, 2010. Under 49 

U.S.C. section 47503 of the Aviation 

Safety and Noise Abatement Act 

(hereinafter referred to as ‘‘the Act’’), an 

airport operator may submit to the FAA 

noise exposure maps which meet 

applicable regulations and which depict 

non-compatible land uses as of the date 

of submission of such maps, a 

description of projected aircraft 

operations, and the ways in which such 

operations will affect such maps. The 

Act requires such maps to be developed 

in consultation with interested and 

affected parties in the local community, 

government agencies, and persons using 

the airport. An airport operator who has 

submitted noise exposure maps that are 

found by FAA to be in compliance with 

the requirements of Federal Aviation 

Regulations (FAR) Part 150, 

promulgated pursuant to the Act, may 

submit a noise compatibility program 

for FAA approval which sets forth the 

measures the operator has taken or 

proposes to take to reduce existing noncompatible uses and prevent the 

introduction of additional noncompatible uses. 

The FAA has completed its review of 

the noise exposure maps and 

accompanying documentation 

submitted by the State of Hawaii. The 

documentation that constitutes the 

‘‘noise exposure maps’’ as defined in 

section 150.7 of Part 150 includes: 

Exhibit 1, Existing Conditions (2008) 

Noise Exposure Map and Exhibit, 

Future Condition (2013) Noise Exposure 

Map. The Noise Exposure Maps contain 

current and forecast information 

including the depiction of the airport 

and its boundaries, the runway 

configurations, land uses such as 

residential, noise sensitive institutions, 

a school, non noise-sensitive land uses, 

and growth risk areas, and also those 

areas within the noise contours. 

Estimates for the number of people 

within these contours, for the year 2008 

is shown in Table 4C. Estimates of the 

future number of people within the 

2013 noise contours is shown in Table 

4F. Flight tracks for the existing and the 

five-year forecast Noise Exposure Maps 

are found in Exhibits 3E, 3F, 3G, and 

3H. The type and frequency of aircraft 

operations (including nighttime 

operations) are found in Tables 3A and 

3B for the existing conditions (2008) 

and the future conditions (2013). The 

FAA has determined that these noise 

exposure maps and accompanying 

documentation are in compliance with 

applicable requirements. This 

determination is effective on January 12, 

2010. 

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 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 FAR Part 150, that the 

statutorily required consultation has 

been accomplished. 

Copies of the full noise exposure map 

documentation and of the FAA’s 

evaluation of the maps are available for 

examination at the following locations: 

Federal Aviation Administration, 

Western-Pacific Region, Airports 

Division, Room 3012, 15000 Aviation 

Boulevard, Hawthorne, California 

90261; 

Federal Aviation Administration, 

Honolulu Airports District Office, 300 

Ala Moana Boulevard, 7–128, 

Honolulu, Hawaii 96850; 

State of Hawaii, Department of 

Transportation, Airports Division, 400 

Rodgers Boulevard, Suite 700, 

Honolulu, Hawaii 96819–1880; 

Kona International Airport at Keahole, 

73–200 Kupipi Street, Kailua-Kona, 

Hawaii 96740–2645. 

Questions may be directed to the 

individual named above under the 

heading, FOR FURTHER INFORMATION

CONTACT. 

Issued in Hawthorne, California on January 

12, 2010. 

Mia Paredes Ratcliff, 

Acting Manager, Airports Division, AWP–600, 

Western-Pacific Region. 

[FR Doc. 2010–1326 Filed 1–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. 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. 

Peninsula Corridor Joint Powers BoardCaltrain 

[Waiver Petition Docket Number FRA–2009– 

0124] 

The Peninsula Corridor Joint Powers 

Board (JPB) seeks a waiver of 

compliance from certain provisions of 

Title 49 CFR Part 238 Passenger 

Equipment Safety Standards. 

Specifically, JPB is considering 

purchasing non-FRA compliant highefficiency electric multiple unit (EMU) 

vehicles, constructed to European safety 

standards for its Caltrain commuter rail 

service between San Francisco, CA, and 

Gilroy, CA. JPB seeks relief from the 

requirements of § 238.204 Static End 

Strength; § 238.205 Anti-Climbing 

Mechanism; § 238.207 Link Between 

Coupling Mechanism; § 238.211 

Collision Posts; and § 238.213 Corner 

Posts. 

JPB, which owns and operates the 

Caltrain commuter rail service between 

San Francisco, CA, and Gilroy, CA 

[MilePost (MP) 51.9], is currently 

considering a program that increases 

system capacity by removing constraints 

within the system. This program, 

referred to as ‘‘Caltrain 2025,’’ will allow 

Caltrain to expand service and reduce 

costs while providing a measurably 

safer transportation network. Along 

with electrification of mainline tracks 

and implementation of an enhanced 

positive train control system, a key 

component of this program involves the 

operation of some non-FRA compliant 

high-efficiency EMU vehicles 

constructed to European safety 

standards that feature Crash Energy 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 3961 

Management capabilities. Also, Caltrain 

will temporally separate freight 

operations from passenger operations 

between San Francisco, CA, and Santa 

Clara (MP 44.6), by limiting freight 

movements to the exclusive freight 

period hours of midnight–5 a.m. Only 

from MP 44.6–MP 51.9 will freight 

service commingle with Caltrain 

commuter equipment during revenue 

service. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–2009– 

0124) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

Communications received within 45 

days of the date of this notice will be 

considered by FRA before final action is 

taken. Comments received after that 

date will be considered as far as 

practicable. All written communications 

concerning these proceedings are 

available for examination during regular 

business hours (9 a.m.–5 p.m.) at the 

above facility. All documents in the 

public docket are also available for 

inspection and copying on the Internet 

at the docket facility’s Web site at 

http:// 

www.regulations.gov. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

document (or signing the document, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on January 19, 

2010. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 2010–1226 Filed 1–22–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 Code of Federal Regulations (CFR), 

notice is hereby given that the Federal 

Railroad Administration (FRA) has 

received a request for a waiver of 

compliance from certain requirements 

of its safety standards. 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. 

Utah Transit Authority 

[Supplement to Waiver Docket Number FRA– 

1999–6253] 

As a supplement to the Utah Transit 

Authority’s (UTA) Petition for Approval 

of Shared Use and Waiver of Certain 

FRA Regulations (the original shared 

use waiver was granted by the FRA 

Railroad Safety Board on August 19, 

1999, for the Sandy/Salt Lake TRAX 

LRT line), UTA is amending the terms 

and conditions of the original waiver by 

constructing the Daybreak/Test Track 

Segment portion of the Mid-Jordan LRT 

line extension of the Sandy/Salt Lake 

TRAX LRT line. This Test Track will be 

an exclusive light rail segment, featuring 

a limited connection to the general 

freight system at an interlocking. UTA 

submits that this request is consistent 

with the waiver process for Shared Use. 

See Statement of Agency Policy 

Concerning Jurisdiction Over the Safety 

of Railroad Passenger Operations and 

Waivers Related to Shared Use of the 

Tracks of the General Railroad System 

by Light Rail and Conventional 

Equipment, 65 FR 42529 (July 10, 2000); 

see also Joint Statement of Agency 

Policy Concerning Shared Use of the 

Tracks of the General Railroad System 

by Conventional Railroads and Light 

Rail Transit Systems, 65 FR 42626 (July 

10, 2000). 

UTA is expanding its original Sandy/ 

Salt Lake TRAX LRT line by building 

the 10.6-mile Mid-Jordan LRT line 

extension on the active Union Pacific 

Railroad (UPRR) Bingham Branch, 

which is a single track used solely for 

freight operations. As part of this MidJordan extension, UTA will reconstruct 

this existing track and add a new 

parallel track. This construction will 

allow that portion of the Mid-Jordan 

LRT line that runs on the Bingham 

Branch to utilize two (2) tracks for light 

rail operations during the temporally 

separated passenger period. UPRR will 

continue to operate on the Bingham 

Branch only during the freight period. 

UTA anticipates petitioning FRA at a 

future date for a supplemental waiver of 

compliance from certain portions of 

Title 49 of the CFR for shared use 

temporal separation operations on this 

Mid-Jordan LRT line extension. 

This petition pertains to UTA’s intent 

to first construct an initial 2-mile 

portion of this Mid-Jordan extension 

called the Daybreak/Test Track 

Segment, which will be used 

exclusively by UTA TRAX LRT 

equipment. This track initially will be 

used to commission new LRV 

equipment and to train LRV operators. 

This Daybreak/Test Track segment will 

be an exclusive light rail portion of the 

Mid-Jordan LRT line extension, with a 

limited connection to UPRR Bingham 

Branch at address 5600 West. This 

connection will be composed of four 

electrically locked hand throw switches 

interlocked with UTA’s Signal & Train 

Control System. In addition to this, UTA 

will temporarily employ portable derail 

devices to separate any possible 

incursions of UPRR equipment onto this 

Daybreak/Test Track equipment. Derails 

will be permanently removed once UTA 

has completed testing and begun prerevenue service on the entire MidJordan line. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number (e.g., Waiver 

Petition Docket Number FRA–1999– 

6253) and may be submitted by any of 

the following methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 


jlentini on DSKJ8SOYB1PROD with NOTICES