4500 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

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 City of Modesto, Modesto, 

California. The documentation that 

constitutes the ‘‘Noise Exposure Maps’’ 

as defined in section 150.7 of Part 150 

includes: Exhibit 1 ‘‘2008 Noise 

Exposure Map’’, and Exhibit 2 ‘‘2015 

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, open 

space, and noise-sensitive institutions 

and those areas within the Community 

Noise Equivalent Level (CNEL) 60, 65, 

70 and 75 noise contours. Estimates for 

the number of people within these 

contours for the year 2008 are shown in 

Table 3B. Estimates of the future 

residential population within the 2015 

noise contours are shown in Table 3E. 

Exhibit 2M displays the location of 

noise monitoring sites. Flight tracks for 

the existing and the five-year forecast 

Noise Exposure Maps are found in 

Exhibits 2C, 2E, and 2G. The type and 

frequency of aircraft operations 

(including nighttime operations) are 

found in Tables 2A and 2B. The FAA 

has determined that these noise 

exposure maps and accompanying 

documentation are in compliance with 

applicable requirements. This 

determination is effective on January 9, 

2009. 

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, 

Planning and Environmental Division, 

APP–400, 800 Independence Avenue, 

SW., Washington, DC 20591. 

Federal Aviation Administration, 

Western-Pacific Region, Airports 

Division, Room 3012, 15000 Aviation 

Boulevard, Hawthorne, California 

90261. 

Federal Aviation Administration, San 

Francisco Airports District Office, 831 

Mitten Road, Suite 210, Burlingame, 

California 94010–1303. 

Jerome Thiele, Airport Manager, 

Modesto City-County Airport, City of 

Modesto, Public Works Department— 

Airport Division, 617 Airport Way, 

Modesto, CA 95354. 

Questions may be directed to the 

individual named above under the 

heading FOR FURTHER INFORMATION

CONTACT. 

Issued in Hawthorne, California on January 

9, 2009. 

Mia Paredes Ratcliff, 

Acting Manager, Airports Division, AWP–600, 

Western-Pacific Region. 

[FR Doc. E9–1315 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Buy America Waiver Notification 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice. 

SUMMARY: This notice provides 

information regarding the FHWA’s 

finding that Buy America waivers are 

appropriate for certain steel products 

used in Federal-aid construction 

projects in New Jersey, NY, 

Massachusetts, and Florida. 

DATES: The effective date of the waivers 

is January 27, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Gerald Yakowenko, FHWA 

Office of Program Administration, (202) 

366–1562, gerald.yakowenko@dot.gov. 

For legal questions, please contact Mr. 

Michael Harkins, FHWA Office of the 

Chief Counsel, (202) 366–4928, 

michael.harkins@dot.gov. Office hours 

for the FHWA are from 7:45 a.m. to 4:15 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http:// 

www.archives.gov and the Government 

Printing Office’s database at: http:// 

www.access.gpo.gov/nara. 

Background 

The FHWA’s Buy America policy in 

23 CFR 635.410 requires a domestic 

manufacturing process for any steel or 

iron products (including protective 

coatings) that are permanently 

incorporated in a Federal-aid 

construction project. The regulation also 

provides for a waiver of the Buy 

America requirements when the 

application would be inconsistent with 

the public interest or when satisfactory 

quality domestic steel and iron products 

are not sufficiently available. This 

notice provides information regarding 

the FHWA’s findings that Buy America 

waivers are appropriate for four specific 

cases. 

In accordance with section 130 of 

Division K of the ‘‘Consolidated 

Appropriations Act, 2008’’ (Pub. L. 110– 

161), the FHWA published on its Web 

site four notices of intent to issue Buy 

America waivers: (1) A waiver for Steel 

API 5L, Grade X52 PSL2 wall tubing in 

New Jersey http://www.fhwa.dot.gov/

construction/contracts/waivers.

cfm?id=25 on December 1, 2008 6, 2008; 

(2) a waiver for drive machinery and 

brakes in New York http://www.fhwa.

dot.gov/construction/contracts/waivers.

cfm?id=24 on December 1, 2008; (3) a 

waiver for four forged steel sheave hubs 

in Massachusetts on December 12, 2008; 

and (4) a waiver for machinery and 

motor brakes in Florida http://www.

fhwa.dot.gov/construction/contracts/

waivers.cfm?id=27 on December 9, 

2008. 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4501 

The FHWA received no comments in 

response to the Steel API 5L, Grade X52 

PSL2 wall tubing in New Jersey and the 

drive machinery brakes in New York, 

which suggested that the Steel API 5L 

Grade X52 PSL2 wall tubing and 

machinery brakes may not be available 

domestically. The FHWA received one 

comment in response to four forged 

steel sheave hubs in Massachusetts, and 

machinery and motor brakes in Florida, 

respectively. The comment for the four 

forged steel sheave hubs in 

Massachusetts recommends that the 

certification should be reviewed prior to 

material purchase. Massachusetts 

Highway Department indicated that it 

has a material certification procedure 

for their highway construction program. 

The comment for the machinery and 

motor brakes in Florida suggested that 

the design needs be reconsidered to 

make it more attractive to domestic 

sources. The Florida DOT stated that 

alteration in the design of the motor 

brakes is not feasible and that the 

current design is in compliance with the 

capacity of the bridge. Further 

investigation and inquiry revealed that 

the products are not available 

domestically. 

During the 15-day comment period, 

the FHWA conducted additional 

nationwide review to locate potential 

domestic manufacturers for the 

products. Based on all the information 

available to the Agency, including the 

responses received to the notices as well 

as the Agency’s nationwide review, the 

FHWA concludes that there are no 

domestic manufacturers for the Steel 

API 5L, Grade X52 PSL2 wall tubing, 

drive machinery and brakes, machinery 

and motor brakes, and four forged steel 

sheave hubs. 

In accordance with the provisions of 

section 117 of the ‘‘SAFETEA—LU 

Technical Corrections Act of 2008’’ 

(Pub. L. 110–244, 122 Stat. 1572), the 

FHWA is providing this notice as its 

finding that a waiver of Buy America 

requirements is appropriate pursuant to 

23 CFR 635.410(c)(1). The FHWA 

invites public comment on this finding 

for an additional 15 days following the 

effective date of the finding. Comments 

may be submitted to the FHWA’s Web 

site via the links above to the New 

Jersey, New York, Massachusetts and 

Florida waiver pages noted above. 

(Authority: 23 U.S.C. 313; Pub. L. 110–161, 

23 CFR 635.410.) 

Issued on: January 15, 2009. 

Thomas J. Madison, Jr., 

Federal Highway Administrator. 

[FR Doc. E9–1516 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Environmental Impact Statement: 

Essex and Middlesex Counties, MA 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of intent. 

SUMMARY: The FHWA is issuing this 

notice, in accordance to the National 

Environmental Policy Act of 1969 

(NEPA) and its implementing 

regulations contained in 23 CFR part 

771, to advise the public that an 

Environmental Impact Statement (EIS) 

will be prepared for proposed highway 

improvements and an interchange 

project on Interstate 93 (I–93) in Essex 

and Middlesex Counties, Massachusetts. 

FOR FURTHER INFORMATION CONTACT: John 

McVann, Director of Project Delivery, 

Federal Highway Administration, 55 

Broadway Floor, Cambridge, 

Massachusetts 02142, Telephone: (617) 

494–2416. 

SUPPLEMENTARY INFORMATION: The 

FHWA, in cooperation with the 

Massachusetts Highway Department 

(MassHighway), will prepare an 

Environmental Impact Statement (EIS) 

on a proposal to improve I–93 in Essex 

and Middlesex Counties, Massachusetts. 

The proposed project would involve 

highway improvements to I–93 and the 

construction of a new break-in-access 

interchange near the Andover/ 

Tewksbury/Wilmington town borders. 

Improvements to the I–93 corridor were 

examined in the Route I–93 Corridor 

Traffic Study finalized in 2004 and 

endorsed by the Merrimack Valley 

Metropolitan Planning Organization 

(MPO). The proposed break-in-access 

was the subject of an Interchange 

Justification Report dated July 2006, and 

conditionally approved by FHWA 

pending the completion of the NEPA 

process. Because it is anticipated that 

the resulting project may allow for 

general economic development 

opportunities, the Commonwealth of 

Massachusetts Executive Office of 

Housing and Economic Development 

(EOHED) is a partnering agency with 

MassHighway in this project. 

The proposed project is to provide 

improvements for the existing and 

projected traffic demand, as well as to 

improve safety in the area where the use 

of the breakdown lane is allowed for 

regular vehicle travel during morning 

and evening peak periods. The proposed 

interchange will provide access to all 

three towns including potential new 

development sites. Alternatives under 

consideration include: (1) Taking no 

action; (2) Transportation Demand 

Management (TDM); (3) using alternate 

travel modes; (4) providing 

improvements at other local and 

interstate roadway network locations; 

and (5) constructing a new interchange. 

Design variations of grade, alignment, 

and access will be incorporated into and 

studied with the various build 

alternatives. 

A formal scoping meeting will be held 

at the Tewksbury Town Hall 

Auditorium on March 19, 2009, from 2 

p.m. to 4 p.m. (EST) for the participating 

agencies, and from 4 p.m. to 8 p.m. 

(EST) for the general public. Letters 

describing the proposed action and 

soliciting comments will be sent to 

appropriate Federal, State, and local 

agencies, and to private organizations 

and citizens who have previously 

expressed or are known to have interest 

in this proposal. A series of public 

meetings will be held in Andover, 

Tewksbury and Wilmington, 

Massachusetts throughout 2009. In 

addition, a public hearing will be held 

within 60 days of the availability of the 

draft EIS. Public notice will be given of 

the time and place of the meetings and 

hearing. The draft EIS will be available 

for public and agency review and 

comment prior to the public hearing. 

Comments and suggestions are invited 

from all interested parties during the 

appropriate step in the NEPA process to 

ensure that the full range of issues 

related to this proposed action are 

addressed and all significant issues 

identified. Comments or questions 

concerning this proposed action and the 

EIS should be directed to the FHWA at 

the address provided above. 

(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.) 

Issued on: January 15, 2009. 

Lucy Garliauskas, 

Division Administrator. 

[FR Doc. E9–1422 Filed 1–23–09; 8:45 am] 

BILLING CODE 4910–22–M 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Action 

on PIN 8006.72, New York State Route 

17 at Exit 122 Within the Town of 

Wallkill, Orange County, NY 

AGENCY: Federal Highway 

Administration (FHWA), DOT.