Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 46347 

The submitted program contained 

twenty-five (25) proposed actions for 

noise abatement, land use management 

and program management 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 

overall program was approved, by the 

Manager of the Airports Division, 

Western-Pacific Region, effective July 

28, 2008. 

Outright approval was granted for the 

two (2) noise abatement measures, all 

fourteen (14) land use management 

measures and nine (9) program 

management measures. The approved 

noise abatement measures included: 

Maintain CANG Noise Abatement 

Departure Track Procedures; and 

Continued Use of Minimum Altitudes 

Before Departure Turns Off Runways 

29L and 29R. 

Approved land use measures include: 

Land Acquisition of Developed NonCompatible Property; Residential Sound 

Insulation Program; Noise Sensitive 

Public Building Sound Insulation 

Program; Purchase of Avigation 

Easements; Encourage Comprehensive 

Planning for Compatible Land Uses and 

Adoption of NEMs; Amend Zoning for 

Compatible Use; Adopt Airport Noise 

Overlay Zone; Amend Building Codes to 

Meet Interior Noise Levels; Require 

Avigation Easement with New 

Construction; Support Real Property 

Noise Disclosure; Transfer of 

Development Rights; Purchase of 

Development Rights; Purchase of Vacant 

Land That May Be Developed Into 

NonCompatible Use; Encourage the 

Local Jurisdictions to Develop 

Compatible Land Uses in the Airport 

Environs. 

Approved Program Management 

measures include: Monitor Airport 

Operations to Determine Need for NEM 

and/or NCP Updates; Acquire a Flight 

Tracking System and/or Noise and 

Operations Monitoring System (NOMS); 

Monitor Aircraft Engine Run-ups and 

Complaints as a Trigger for a Future 

Ground Run-up Enclosure (GRE) 

Replacement Needs Analysis Study; 

Establish Staff Position to Monitor and 

Coordinate Implementation of the NCP 

Measures; Increase Community 

Outreach; Expand Airport Noise Section 

on the FAT Website; Develop 

Standardize Complaint Collection, 

Response, and Recording Procedures; 

Establish an Airport Noise Advisory 

Committee; Develop and Distribute Pilot 

Handouts. 

These determinations are set forth, in 

detail, in the Record of Approval signed 

by the Manager of the Airports Division, 

Western-Pacific Region, on July 28, 

2008. 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 City of 

Fresno. The Record of Approval will be 

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

airports_airtraffic/airports/ 

environmental/airport_noise/ part_150/ 

states/. 

Issued in Hawthorne, California on July 29, 

2008. 

Mark A. McClardy 

Manager, Airports Division, Western-Pacific 

Region, AWP–600 

[FR Doc. E8–18086 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Notice of Passenger Facility Charge 

(PFC) Approvals and Disapprovals. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Monthly Notice of PFC 

Approvals and Disapprovals. In July 

2008, there were three applications 

approved. This notice also includes 

information on two applications, 

approved in June 2008, inadvertently 

left off the June 2008 notice. 

Additionally, 20 approved amendments 

to previously approved applications are 

listed. 

SUMMARY: The FAA publishes a monthly 

notice, as appropriate, of PFC approvals 

and disapprovals under the provisions 

of the Aviation Safety and Capacity 

Expansion Act of 1990 (Title IX of the 

Omnibus Budget Reconciliation Act of 

1990) (Pub. L. 101–508) and Part 158 of 

the Federal Aviation Regulations (14 

CFR Part 158). This notice is published 

pursuant to paragraph d of § 158.29. 

PFC Applications Approved 

Public Agency: San Diego County 

Regional Airport Authority, San Diego, 

California. 

Application Number: 08–05–C–00–

SAN. APPLICATION TYPE: Impose and 

use a PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $26,301,763. 

Earliest Charge Effective Date: April 1, 

2009. 

Estimated Charge Expiration Date: 

October 1, 2009. 

Class of Air Carriers Not Required to 

Collect PFC’s: Non-scheduled/ondemand air carriers filing FAA Form 

1800–31. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the proposed class 

accounts for less than 1 percent of the 

total annual enplanements at San Diego 

International Airport. 

Brief Description of Projects Approved 

for Collection and Use at a $4.50 PFC 

Level: Security checkpoint 

improvements. Airfield improvements. 

Replace aircraft rescue and firefighting 

vehicle. Noise mitigation. 

Brief Description of Projects Approved 

for Collection and Use at A $3.00 PFC 

Level: Terminal area 12 kv electrical 

upgrade, phase I. Upgrade passenger 

information and paging systems. Part 

150 study update. Conduct terminal 

planning study. 

Decision Date: June 27, 2008. 

For Further Information Contact: 

Darlene Williams, Los Angeles Airports 

District Office, (310) 725–3625. 

Public Agency: City of Savannah and 

Savannah Airport Commission, 

Savannah, Georgia. 

Application Number: 08–07–C–00–

SAV. 

Application Type: Impose and use a 

PFC. PFC LEVEL: $4.50. 

Total PFC Revenue Approved in This 

Decision: $2,558,778. 

Earliest Charge Effective Date: March 

1, 2013. 

Estimated Charge Expiration Date: 

November 1, 2013. 

Class of Air Carriers Not Required to 

Collect PFC’s: Air taxi/commercial 

operators filing FAA Form 1800–31.00–

31. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the proposed class 

accounts for less than 1 percent of the 

total annual enplanements at Savannah/ 

Hilton Head International Airport. 

Brief Description of Projects Approved 

for Collection and Use: 

Rehabilitation—runway shoulders. 

PFC implementation and 

administration. 

Construct taxiway—southwest quadrant. 

Taxiway B extension. 

Runway 18/36 extension. 

Airport master plan. 

Cool air system to nine jet bridges. 

Taxiway C–2. 

Airport layout plan update. 

Bio Scrypt 15 boarding bridge doors. 

Update main communication 800 Mhz 

system to digital. 

Brief Description of Project Partially 

Approved for Collection and Use: 

Navigational aids. 

Determination: Partially approved. 

One component of the proposed project, 


pwalker on PROD1PC71 with NOTICES
46348 Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 

the installation of localizers on runways 

18 and 27 did not meet the requirements 

of § 158.15(b)(1). 

Brief Description of Project Approved 

for Collection: Relocate airfield 

maintenance road. 

Decision Date: June 27, 2008. 

For Further Information Contact: John 

Marshall, Atlanta Airports District 

Office, (404) 305–7153. 

Public Agency: Birmingham Airport 

Authority, Birmingham, Alabama. 

Application Number: 08–07–C–00–

BHM. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $15,173,639. 

Earliest Charge Effective Date: 

October 1, 2008. 

Estimated Charge Expiration Date: 

March 1, 2010. 

Class of Air Carriers Not Required To 

Collect PFCs: Air taxi/commercial 

operators filing FAA Form 1800–31. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the proposed class 

accounts for less than 1 percent of the 

total annual enplanements at 

Birmingham International Airport. 

Brief Description of Projects Approved 

for Collection and Use: Acquire noise 

land. Terminal modernization 

program—design. 

Decision Date: July 2, 2008. 

For Further Information Contact: 

Keafur Grimes, Jackson Airports District 

Office, (601) 664–9886. 

Public Agency: City of Colorado 

Springs, Colorado. 

Application Number: 08–13–C–00–

COS. 

Application Type: Impose and use a 

PFC. 

PFC Level: $3.00. 

Total PFC Revenue Approved in This 

Decision: $8,307,189. 

Earliest Charge Effective Date: 

December 1, 2010. 

Estimated Charge Expiration Date: 

January 1, 2014. 

Class of Air Carriers Not Required to 

Collect PFCs: None. 

Brief Description of Projects Approved 

for Collection and Use: West aviation 

development south taxilane. West 

aviation development south parking 

area. 

Decision Date: July 23, 2008. 

For Further Information Contact: 

Chris Schaffer, Denver Airports District 

Office, (303) 342–1258. 

Public Agency: County of Kalamazoo, 

Kalamazoo, Michigan. 

Application Number: 08–06–C–00–

AZO. 

Application Type: Impose and use a 

PFC. 

PFC Level: $4.50. 

Total PFC Revenue Approved in This 

Decision: $14,821,076. 

Earliest Charge Effective Date: 

September 1, 2008. 

Estimated Charge Expiration Date: 

September 1, 2024. 

Class of Air Carriers Not Required to 

Collect PFC’s: Non-scheduled/ondemand air taxi operators filing FAA 

Form 1800–31. 

Determination: Approved. Based on 

information contained in the public 

agency’s application, the FAA has 

determined that the proposed class 

accounts for less than 1 percent of the 

total annual enplanements at 

Kalamazoo-Baffle Creek International 

Airport. 

Brief Description of Project Approved 

for Collection and Use: Construction of 

a replacement terminal building. 

Decision Date: July 25, 2008. 

For Further Information Contact: 

Irene Porter, Detroit Airports District 

Office, (734) 229–2915. 

AMENDMENTS TO PFC APPROVALS

Amendment No., city, state Amendment approved date 

Original approved net PFC 

revenue 

Amended approved net PFC 

revenue 

Original estimated charge 

exp. date 

Amended estimated charge 

exp. date 

95–03–C–04–PNS, Pensacola, FL ............................ 06/20/08 $1,860,000 $1,747,888 08/01/99 08/01/99 

92–01–C–05–PNS, Pensacola, FL ............................ 06/24/08 8,595,500 8,190,719 04/01/98 04/01/98 

92–01–C–06–PNS, Pensacola, FL ............................ 06/24/08 8,190,719 7,760,275 04/01/98 04/01/98 

95–02–U–01–PNS, Pensacola, FL ............................ 06/24/08 (1) (1) 04/01/98 04/01/98 

92–01–C–07–PNS, Pensacola, FL ............................ 06/24/08 7,760,275 8,041,242 04/01/98 04/01/98 

95–03–C–03–PNS, Pensacola, FL ............................ 06/24/08 1,747,888 1,747,888 08/01/99 08/01/99 

02–05–C–01–PNS, Pensacola, FL ............................ 06/24/08 350,000 182,914 09/01/07 09/01/07 

01–02–C–01–CKB, Bridgeport, WV .......................... 07/02/08 182,344 101,489 08/01/02 08/01/02 

99–04–C–02–PNS, Pensacola, FL ............................ 07/03/08 19,400,000 20,161,348 09/01/07 09/01/07 

99–04–C–03–PNS, Pensacola, FL ............................ 07/03/08 20,161,348 15,303,041 09/01/07 09/01/07 

03–06–U–01–PNS, Pensacola, FL ............................ 07/03/08 (1) (1) 09/01/07 09/01/07 

00–01–C–03–FAY, Fayetteville, NC .......................... 07/03/08 571,671 569,490 10/01/05 10/01/05 

00–01–C–04–FAY, Fayetteville, NC .......................... 07/03/08 569,490 398,811 10/01/05 10/01/05 

02–02–U–02–FAY, Fayetteville, NC .......................... 07/03/08 (1) (1) 10/01/05 10/01/05 

03–06–C–02–SLC, Salt Lake City, UT ...................... 07/08/08 62,532,179 62,670,838 09/01/04 02/01/05 

06–05–C–01–LFT, Lafayette, LA ............................... 07/09/08 795,000 756,165 04/01/08 04/01/08 

98–03–C–05–DSM, Des Moines, IA .......................... 07/11/08 12,882,783 7,174,449 05/01/04 05/01/04 

93–01–C–05–CRW, Charleston, WV ........................ 07/17/08 2,504,316 2,304,154 12/01/97 12/01/97 

02–08–C–03–JAC, Jackson, WY .............................. 07/17/08 1,189,579 1,189,579 01/01/04 08/01/04 

98–04–C–03–CRW, Charleston, WV ........................ 07/21/08 700,795 698,992 05/01/00 05/01/00 

1 Not applicable. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Notices 46349 

Issued in Washington, DC, on July 31, 2008 

Joe Hebert 

Manager, Financial Analysis and Passenger 

Facility Charge Branch 

[FR Doc. E8–18134 Filed 8–7–08; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2008–0204] 

Application by American Trucking 

Associations, Inc. for a Preemption 

Determination on the City of Boston’s 

Routing and Transportation 

Restrictions Applicable to Certain 

Hazardous Materials 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

preemption determination; request for 

comments. 

SUMMARY: FMCSA provides notice and 

invites interested parties to submit 

comments on an application by the 

American Trucking Associations, Inc. 

(ATA) for an administrative 

determination on whether Federal law 

preempts highway routing designations 

issued by the City of Boston (Boston) 

restricting transportation of certain 

hazardous materials. ATA submits that 

Boston failed to comply with the 

Federal routing requirements set in 49 

CFR 397.71 and that such routing 

designations are therefore preempted 

under 49 U.S.C. 5125 and 49 CFR 

397.69. 

DATES: Comments received on or before 

September 22, 2008 and rebuttal 

comments received on or before 

November 6, 2008 will be considered 

before an administrative ruling is 

issued. Rebuttal comments may discuss 

only those issues raised by comments 

received during the initial comment 

period and may not discuss new issues. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Number FMCSA–

2008–0204 by any of the following 

methods: 

• Web Site: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Federal electronic docket site. 

• Federal eRulemaking Portal: Go to 

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

on-line 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: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Each submission must include the 

Agency name and the docket ID for this 

Notice. Note that DOT posts all 

comments received without change to 

http://www.regulations.gov, including 

any personal information included in a 

comment. Please see the Privacy Act 

heading below. 

Docket: For access to the docket to 

read background documents or 

comments, go to http:// 

www.regulations.gov at any time or 

Room W12–140 on the ground level of 

the West Building, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. The 

FDMS is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

Privacy Act: Anyone may search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or of the person signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review the DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19476; Apr. 11, 2000). This 

information is also available at http:// 

Docketinfo.dot.gov. 

Public Participation: The http:// 

www.regulations.gov Web site is 

generally available 24 hours each day, 

365 days each year. You can get 

electronic submission and retrieval help 

and guidelines under the ‘‘help’’ section 

of the http://www.regulations.gov Web 

site and also at the DOT’s http:// 

docketsinfo.dot.gov Web site. If you 

want confirmation of receipt of your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

FOR FURTHER INFORMATION CONTACT: 

James O. Simmons, Chief, Hazardous 

Materials Division, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, or at james.simmons@dot.gov 

(e-mail). 

SUPPLEMENTARY INFORMATION: A copy of 

each comment must also be sent to 

Richard Moskowitz, Vice President and 

Regulatory Affairs Counsel, American 

Trucking Associations, 950 North Glebe 

Road, Arlington, VA 22203. You are 

required to include with your comments 

a certification that you provided a copy 

of your comments to Mr. Moskowitz. 

(The following format is suggested: ‘‘I 

certify copies of this comment were sent 

to Mr. Moskowitz at the address 

specified in the Federal Register.’’) 

Background 

Title 49 U.S.C. 5125 includes several 

preemption provisions. Section 

5125(c)(1) allows a State or Indian tribe 

to establish, maintain, or enforce a 

highway routing designation over which 

hazardous material may or may not be 

transported by motor vehicles, or a 

limitation or requirement related to 

highway routing, only if the 

designation, limitation, or requirement 

complies with 49 U.S.C. 5112(b). 

Section 5112(b) requires the Secretary 

of Transportation (the Secretary), in 

consultation with the States, to 

prescribe by regulation standards for the 

States and Indian tribes to follow when 

designating specific highway routes for 

transportation of hazardous materials. 

The Secretary has delegated to the 

Administrator of the FMCSA authority 

and responsibility for highway routing 

of hazardous materials. See 49 CFR 

1.73(d)(2). 

The standards required by 49 U.S.C. 

5112(b) for establishing highway routing 

requirements for non-radioactive 

hazardous materials are set forth in 49 

CFR part 397, subpart C, and apply to 

any designations established or 

modified on or after November 14, 1994. 

See 49 CFR 397.69(a). A State or Indian 

tribe must follow FMCSA standards 

when establishing highway routing 

requirements for hazardous materials. 

See 49 CFR 397.71 (Federal standards 

for routing of nonradioactive hazardous 

materials (NRHM)). Except as provided 

in §§ 397.75 (dispute resolution) and 

397.219 (waiver), a NHRM route 

designation made in violation of 

§ 397.69(a) is preempted pursuant to 

section 105(b)(4) of the Hazardous 

Materials Transportation Act, as 

amended, 49 U.S.C. 5125(c), 49 CFR 

397.69(b). 

ATA alleges that Boston, in the course 

of the construction of the Central Artery 

Tunnel (often referred to as the ‘‘Big 

Dig’’), changed designated hazardous 

materials routes through Boston and, in 

doing so, failed to comply with the 

requirements of § 397.71. ATA has 

submitted an application for a 

preemption determination pursuant to 


pwalker on PROD1PC71 with NOTICES