Office of Hazardous Materials Safety; Notice of Delays in Processing of Special Permits Applications, 4076-4077 [E9-1010]
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4076
Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
Issued in Washington, DC, on January 14,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–1204 Filed 1–21–09; 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
Railroad Administration (FRA) 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.
Union Pacific Railroad Company
rmajette on PRODPC74 with NOTICES
[Docket Number FRA–2008–0165]
The Union Pacific Railroad Company
(UP) seeks a waiver of compliance from
certain provisions of of 49 CFR Part 232,
Brake System Safety Standards for
Freight and Other Non-Passenger Trains
and Equipment. Specifically, UP is
requesting a waiver of 49 CFR 232.213,
Extended Haul Trains, to the extent
necessary to allow UP to operate certain
trains up to 1,800 miles between Class
I brake inspections. The current
regulation restricts extended haul train
movements to 1,500 miles.
UP states that if this request is
granted, they would utilize it to operate
approximately 50 such trains each day.
Most of these trains are coal and
intermodal trains, along with some
automotive trains. UP commits to
complying with all other provisions of
§ 232.213 using qualified UP
mechanical inspectors. UP also states
that if this waiver is approved, no UP
employee in active service at points
where train inspections will no longer
be performed, due to this waiver, will be
furloughed as a result of the waiver. UP
claims that they have provided this
commitment in writing to the
Brotherhood of Railway Carmen.
However, UP retains the right to relocate
such employees if necessary.
UP believes this request is justified
because they experience low defect rates
on extended haul trains that are
currently operating in coal, intermodal,
and automotive service. Of the 15,911
inspections performed on extended haul
trains during a three year period, only
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0.49 percent of the inspections revealed
FRA defects. UP’s expanded use of
wayside detection technologies has
allowed UP to further improve safety by
enabling it to identify defects not
readily identified by train inspections.
Of further note, UP points out that
Canadian rail operators have been
permitted to operate certain trains from
origin to destination within Canada,
without undergoing intermediate brake
test and train inspections. While this
allows Canadian operators to operate
some trains distances of more than
2,000 miles without undergoing
intermediate inspections, the change
has not resulted in adverse safety
effects.
UP claims that granting this request
will give UP the flexibility it needs to
concentrate its train inspections at
terminals with greatest resources, which
are best equipped to perform
inspections in a safe expeditious
manner. It would also lead to improved
operating efficiencies and increased
train velocities. The resulting decrease
in en route delays would have the
added benefit of allowing train crews to
complete their journeys in shorter
amounts of time and reduce fuel
consumption. UP estimates that if this
waiver is granted, they will save
approximately 350,000 gallons of fuel
annually through the elimination of
certain inspections at Elko, NV,
Pocatello, ID, and Salt Lake City, UT.
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–2008–
0165) and may be submitted by any of
the following methods:
• Web site: https://
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.
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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
https://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 January 14,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–1218 Filed 1–21–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
Office of Hazardous Materials Safety;
Notice of Delays in Processing of
Special Permits Applications
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: List of applications delayed
more than 180 days.
SUMMARY: In accordance with the
requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list
of special permit applications that have
been in process for 180 days or more.
The reason(s) for delay and the expected
completion date for action on each
application is provided in association
with each identified application.
FOR FURTHER INFORMATION CONTACT:
Delmer F. Billings, Director, Office of
Hazardous Materials Special Permits
and Approvals, Pipeline and Hazardous
Materials Safety Administration, U.S.
Department of Transportation, East
Building, PHH–30, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001, (202) 366–4535.
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4077
Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
Key to ‘‘Reason for Delay’’
1. Awaiting additional information
from applicant.
2. Extensive public comment under
review.
3. Application is technically complex
and is of significant impact or
precedent-setting and requires extensive
analysis.
4. Staff review delayed by other
priority issues or volume of special
permit applications.
Meaning of Application Number
Suffixes
N—New application.
Application number
M—Modification request.
PM—Party to application with
modification request.
Issued in Washington, DC, on January 13,
2009.
Delmer F. Billings,
Director, Office of Hazardous Materials,
Special Permits and Approvals.
Reason
for delay
Applicant
Estimated date
of completion
4
1
02–28–2009
02–28–2009
1
2, 3
1, 3
02–28–2009
02–28–2009
03–31–2009
Modification to Special Permits
14167–M ...........................................................................
8723–M .............................................................................
Trinityrail, Dallas, TX ........................................................
Alaska Pacific Power Company, Anchorage, AK .............
New Special Permit Applications
14668–N ...........................................................................
14689–N ...........................................................................
14733–N ...........................................................................
[FR Doc. E9–1010 Filed 1–21–09; 8:45 am]
BILLING CODE 4910–60–M
DEPARTMENT OF THE TREASURY
Community Development Financial
Institutions Fund
rmajette on PRODPC74 with NOTICES
New Markets Tax Credit Program
Funding Opportunity Title: Notice of
Allocation Availability (NOAA) Inviting
Applications for the CY 2009 Allocation
Round of the New Markets Tax Credit
Program.
Announcement Type: Initial
announcement of tax credit allocation
availability.
Dates: Electronic applications must be
received by 5 p.m. ET on April 8, 2009.
Applications sent by mail, facsimile or
other form will not be accepted. The
Community Development Financial
Institutions Fund (the Fund) will not
accept applications in paper form, other
than the assigned signature page and
certain paper attachments (see Section
IV.D. of this NOAA for more details).
Applications must meet all eligibility
and other requirements and deadlines,
as applicable, set forth in this NOAA.
Allocation applicants that are not yet
certified as Community Development
Entities (CDEs) must submit an
application for certification as a CDE
that is postmarked on or before March
3, 2009 (see Section III of this NOAA for
more details).
Executive Summary: This NOAA is
issued in connection with the calendar
year 2009 tax credit allocation round of
the New Markets Tax Credit (NMTC)
Program, as authorized by Title I,
subtitle C, section 121 of the
Community Renewal Tax Relief Act of
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Lincoln Composites, Lincoln, NE .....................................
Trinity Industries, Inc., Dallas, TX ....................................
GTM Technologies, Inc., San Francisco, CA ...................
2000 (Pub. L. 106–554) and amended by
section 221 of the American Jobs
Creation Act of 2004 (Pub. L. 108–357),
section 101 of the Gulf Opportunity
Zone Act of 2005 (Pub. L. 108–357), and
Division A, section 102 of the Tax Relief
and Health Care Act of 2006 (Pub. L.
109–432) (the Act). Through the NMTC
Program, the Fund provides authority to
CDEs to offer an incentive to investors
in the form of tax credits over seven
years, which is expected to stimulate
the provision of private investment
capital that, in turn, will facilitate
economic and community development
in Low-Income Communities. Through
this NOAA, the Fund announces the
availability of $3.5 billion of NMTC
authority authorized by the Act.
In this NOAA, the Fund specifically
addresses how an entity may apply to
receive an allocation of NMTCs, the
competitive procedure through which
NMTC Allocations will be made, and
the actions that will be taken to ensure
that proper allocations are made to
appropriate entities.
I. Allocation Availability Description
A. Programmatic changes:
1. Allocation Amounts. As described
in Section IIA, the Fund anticipates that
it will provide allocation awards of not
more than $100 million per applicant.
This current $100 million cap is a
reduction from the 2008 round cap of
$125 million. In the 2008 allocation
round, 70 entities received allocations
totaling $3.5 billion. The Fund reduced
the cap this year to better ensure a wider
distribution of awards to the most
highly qualified applicants.
2. Prior QEI Issuance Requirements.
In order to be eligible to apply for
NMTC allocations in the 2009 round, as
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described in Section III.A.2(a),
applicants that have received NMTC
allocation awards in previous rounds
are required to meet minimum Qualified
Equity Investment (QEI) issuance
thresholds with respect to their prioryear allocations. The CDFI Fund has
adjusted some of these QEI
requirements, in response to credit
market conditions at the time of the
publication of this NOAA.
B. Program guidance and regulations:
This NOAA provides guidance for the
application and allocation of NMTCs for
the seventh round of the NMTC Program
and should be read in conjunction with:
(i) Guidance published by the Fund on
how an entity may apply to become
certified as a CDE (66 FR 65806,
December 20, 2001); (ii) the final
regulations issued by the Internal
Revenue Service (26 CFR 1.45D–1,
published on December 28, 2004) and
related guidance, notices and other
publications; and (iii) the application
and related materials for this seventh
NMTC Program allocation round. All
such materials may be found on the
Fund’s Web site at https://
www.cdfifund.gov.
The Fund encourages applicants to
review these documents. Capitalized
terms used, but not defined, in this
NOAA shall have the respective
meanings assigned to them in the
allocation application, IRC § 45D or the
IRS regulations.
II. Allocation Information
A. Allocation amounts: Pursuant to
the Act, the Fund expects that it may
allocate to CDEs the authority to issue
to their investors up to the aggregate
amount of $3.5 billion in equity as to
which NMTCs may be claimed, as
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Agencies
[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4076-4077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1010]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
Office of Hazardous Materials Safety; Notice of Delays in
Processing of Special Permits Applications
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: List of applications delayed more than 180 days.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of 49 U.S.C. 5117(c),
PHMSA is publishing the following list of special permit applications
that have been in process for 180 days or more. The reason(s) for delay
and the expected completion date for action on each application is
provided in association with each identified application.
FOR FURTHER INFORMATION CONTACT: Delmer F. Billings, Director, Office
of Hazardous Materials Special Permits and Approvals, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue, SE.,
Washington, DC 20590-0001, (202) 366-4535.
[[Page 4077]]
Key to ``Reason for Delay''
1. Awaiting additional information from applicant.
2. Extensive public comment under review.
3. Application is technically complex and is of significant impact
or precedent-setting and requires extensive analysis.
4. Staff review delayed by other priority issues or volume of
special permit applications.
Meaning of Application Number Suffixes
N--New application.
M--Modification request.
PM--Party to application with modification request.
Issued in Washington, DC, on January 13, 2009.
Delmer F. Billings,
Director, Office of Hazardous Materials, Special Permits and Approvals.
------------------------------------------------------------------------
Reason Estimated date
Application number Applicant for delay of completion
------------------------------------------------------------------------
Modification to Special Permits
------------------------------------------------------------------------
14167-M..................... Trinityrail, 4 02-28-2009
Dallas, TX.
8723-M...................... Alaska Pacific 1 02-28-2009
Power Company,
Anchorage, AK.
------------------------------------------------------------------------
New Special Permit Applications
------------------------------------------------------------------------
14668-N..................... Lincoln 1 02-28-2009
Composites,
Lincoln, NE.
14689-N..................... Trinity 2, 3 02-28-2009
Industries,
Inc., Dallas,
TX.
14733-N..................... GTM 1, 3 03-31-2009
Technologies,
Inc., San
Francisco, CA.
------------------------------------------------------------------------
[FR Doc. E9-1010 Filed 1-21-09; 8:45 am]
BILLING CODE 4910-60-M