Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Notices 23471 

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 103 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 107 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 a noise 

exposure map. 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 the map 

or with those public agencies and 

planning agencies with which 

consultation is required under Section 

103 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 noise exposure maps 

and of the FAA’s evaluation of the maps 

are available for examination at the 

following locations: 

Nashua Airport Authority, Nashua 

Municipal Airport, Boire Field, 93 

Perimeter Rd., Nashua, NH 03063 or: 

Federal Aviation Administration, New 

England Region, Airports Division, 12 

New England Executive Park, 

Burlington, Massachusetts 01803. 

Questions may be directed to the 

individual named above under the 

heading: FOR FURTHER INFORMATION

CONTACT. 

Issued in Burlington, Massachusetts on 

April 29, 2009. 

LaVerne Reid, 

Manager, Airports Division. 

[FR Doc. E9–11594 Filed 5–18–09; 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. 

Wallowa Union Railroad; Waiver 

Petition Docket Number FRA–2004– 

18494 

The Wallowa Union Railroad (WURR) 

of Wallowa, Oregon, has petitioned for 

a permanent waiver of compliance for 

one passenger car, WURR 1120, from 

the requirements of the Railroad Safety 

Glazing Standards, Title 49 CFR Part 

223, which require certified glazing in 

all windows. The passenger car, WURR 

1120, was built by Pullman Standard in 

1947, and does not have glazing 

material that meets the provisions of 

Title 49 CFR Part 223.15 Requirements 

for existing passenger cars for certified 

glazing in the side facing windows. The 

excursion operations on WURR consist 

of trips ranging from five miles to sixty 

miles. Speeds are generally ten miles 

per hour (mph); however, there is a 

relatively straight section of track 

between milepost (MP) 57 and MP 83, 

where the maximum speed is 15 mph. 

WURR is located in rural 

Northeastern Oregon, with very limited 

access to the line outside of the railroad 

itself. The largest town that the railroad 

runs through has a population of 2,020, 

and the county has a population of just 

over 7,000 people. The most frequently 

used public grade crossing has an ADT 

of 3,250. 

WURR states that the line, for the 

most part, runs through pastures or river 

canyons. Only two miles of the sixtythree miles of track are located within 

the above mentioned town with the 

population of 2,020. WURR requests 

that due to the slow speed, the rural 

area of operations, no instances of 

vandalism from the time the original 

waiver was granted in 2004, and 

prohibitive cost to replace the side 

windows the certified glazing 

requirements be waived for the 

passenger car WURR 1120. 

The railroad also requests passenger 

car WURR 1120, together with WURR 

2636, which has the required certified 

glazing, and both built in 1947, continue 

to be classified as antiquated equipment 

that is used only for excursion purposes 

per 49 CFR 223.3(b)3. 

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–2004– 

18494) 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 

comment (or signing the comment, 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 (Volume 

65, Number 70; Pages 19477–78). 

Issued in Washington, DC on May 13, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–11591 Filed 5–18–09; 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 

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