Buy America Waiver Notification, 63816-63817 [E9-28952]
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mstockstill on DSKH9S0YB1PROD with NOTICES
63816
Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
exemption under 49 CFR 1150.31 to
acquire an approximately 2.5-mile rail
line owned by Old Augusta Railroad,
LLC (OAR), extending from New
Augusta (Station No. FSAC 10) to
Augusta (Station No. FSAC 20), in Perry
County, MS (line).1 According to KMR,
KMR will acquire the line from OAR
pursuant to an executed Asset Purchase
Agreement, and, in a related transaction,
KMR will lease the track and other
physical assets needed to operate the
line back to OAR.
This transaction is related to a
concurrently filed verified notice of
exemption in STB Finance Docket No.
35319, Old Augusta Railroad, LLC—
Lease and Operation Exemption—KM
Railways, LLC, wherein OAR has filed a
notice of exemption to lease and operate
the line.
The transaction is expected to be
consummated on or shortly after
December 18, 2009 (30 days after the
exemption was filed).
KMR certifies that, as a result of this
transaction, it will not become a Class
II or Class I rail carrier. In addition,
KMR provides that its projected annual
revenues will not exceed $5 million.2
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
110–161, § 193, 121 Stat. 1844 (2007),
nothing in this decision authorizes the
following activities at any solid waste
rail transfer facility: Collecting, storing,
or transferring solid waste outside of its
original shipping container; or
separating or processing solid waste
(including baling, crushing, compacting,
and shredding). The term ‘‘solid waste’’
is defined in section 1004 of the Solid
Waste Disposal Act, 42 U.S.C. 6903.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than December 11, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35321, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on David H.
Coburn, Steptoe & Johnson LLP, 1330
1 KMR states that there are no branch lines and
no mileposts.
2 By letter filed on November 23, 2009, KMR
supplemented the notice of exemption advising the
Board that the projected annual revenues of KMR
will not exceed $5 million.
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
Connecticut Avenue, NW., Washington,
DC 20036.
Board decisions and notices are
available on our Web site at: https://
www.stb.dot.gov.
Decided: November 30, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–28927 Filed 12–3–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection Activity
Seeking OMB Approval
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) revision of a current information
collection. The Federal Register Notice
with a 60-day comment period soliciting
comments on the following collection of
information was published on
September 2, 2009, vol. 74, no. 169,
page 45516. Aeronautical Chart Point of
Sale Survey data will be used by the
Federal Aviation Administration to
measure management objectives and
analyze customer feedback for ISO–
9001.
DATES: Please submit comments by
January 4, 2010.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to the attention of the Desk Officer,
Department of Transportation/FAA, and
sent via electronic mail to
oira_submission@omb.eop.gov, or faxed
to (202) 395–6974, or mailed to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Docket Library, Room 10102,
725 17th Street, NW., Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT:
Carla Mauney at Carla.Mauney@faa.gov.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Aeronautical Chart Point of Sale
Survey.
Type of Request: New collection.
OMB Control Number: 2120–XXXX.
Forms(s): There are no FAA forms
associated with this collection.
PO 00000
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Fmt 4703
Sfmt 4703
Affected Public: An estimated 320
Respondents.
Frequency: This information is
collected semi-annually.
Estimated Average Burden per
Response: Approximately 5 minutes per
response.
Estimated Annual Burden Hours: An
estimated 53 hours annually.
Abstract: Survey data will be used by
the Federal Aviation Administration to
measure management objectives and
analyze customer feedback for ISO–
9001.
Comments are invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimates of the
burden of the proposed information
collection ways to enhance the quality,
utility, and clarity of the information to
be collected and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued in Washington, DC, on November
30, 2009.
Carla Mauney,
FAA Information Collection Clearance
Officer, IT Enterprises Business Services
Division AES–200.
[FR Doc. E9–28945 Filed 12–3–09; 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 a Buy America waiver is
appropriate for the purchase of foreign
roof tiles made of 40/45 KSI #2, 24
gauge (0.0276) galvanized steel with
Kynar PPG 5LR82411 on a Federal-aid/
American Recovery and Reinvestment
Act project no. X–STP–5900 (180) in
Portland, Oregon.
DATES: The effective date of the waiver
is December 7, 2009.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Gerald Yakowenko, FHWA
Office of Program Administration, (202)
366–1562, or via e-mail at
gerald.yakowenko@dot.gov. For legal
questions, please contact Mr. Michael
Harkins, FHWA Office of the Chief
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Federal Register / Vol. 74, No. 232 / Friday, December 4, 2009 / Notices
Counsel, (202) 366–4928, or via e-mail
at 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: https://
www.archives.gov and the Government
Printing Office’s database at: https://
www.access.gpo.gov/nara.
mstockstill on DSKH9S0YB1PROD with NOTICES
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 finding that a Buy America
waiver is appropriate for the purchase
and use of roof tiles made of 40/45 KSI
#2, 24 gauge (0.0276) galvanized steel
with Kynar PPG 5LR82411 in Oregon
State.
In accordance with Division K,
section 130 of the Consolidated
Appropriations Act, 2008 (Pub. L. 110–
161), the FHWA published a notice of
intent to issue a waiver on its web site
for the roof tiles made of 40/45 KSI #2,
24 gauge (0.0276) galvanized steel with
Kynar PPG 5LR82411 (https://
www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=39) on
October 22. The FHWA received no
comments in response to the roof tiles
made of 40/45 KSI #2, 24 gauge (0.0276)
galvanized steel with Kynar PPG
5LR82411, which suggests that the roof
tiles made of 40/45 KSI #2, 24 gauge
(0.0276) galvanized steel with Kynar
PPG 5LR82411 may not be available
domestically. During the 15-day
comment period, the FHWA conducted
an additional nationwide review to
locate potential domestic manufacturers
for the roof tiles made of 40/45 KSI #2,
24 gauge (0.0276) galvanized steel with
Kynar PPG 5LR82411. Based on all of
the information available to the agency,
the FHWA concludes that there are no
domestic manufacturers for the roof tiles
made of 40/45 KSI #2, 24 gauge (0.0276)
galvanized steel with Kynar PPG
5LR82411. Thus, the FHWA concludes
that a Buy America waiver is
VerDate Nov<24>2008
17:26 Dec 03, 2009
Jkt 220001
appropriate pursuant to 23 CFR
635.410(c)(1).
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 the Buy America
requirements is appropriate. The FHWA
invites public comment on this finding
for an additional 15 days following the
effective date of this notice. Comments
may be submitted to the FHWA’s web
site via the link provided to the Oregon
waiver page noted above.
Authority: 23 U.S.C. 313; Public Law 110–
161, 23 CFR 635.410)
Issued on: November 27, 2009.
Dwight A. Horne,
Director, Office of Program Administration.
[FR Doc. E9–28952 Filed 12–3–09; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 35320]
Koch Industries, Inc.—Continuance in
Control Exemption—KM Railways, LLC
Koch Industries, Inc. (Koch), a
noncarrier, has filed a verified notice of
exemption under 49 CFR 1180.2(d)(2) to
continue in control of KM Railways,
LLC (KMR), upon KMR becoming a
Class III rail carrier.1
This transaction is related to the
concurrently filed verified notices of
exemption in: (1) STB Finance Docket
No. 35321, KM Railways, LLC—
Acquisition Exemption—Old Augusta
Railroad, LLC, in which KMR seeks to
acquire the assets of Old Augusta
Railroad, LLC (OAR), including the
track that constitutes the rail line owned
by OAR between New Augusta (Station
No. FSAC 10) and Augusta (Station No.
FSAC 20), a distance of approximately
2.5 miles in Perry County, MS (the rail
line) 2; and (2) STB Finance Docket No.
35319, Old Augusta Railroad, LLC—
Lease and Operation Exemption—KM
Railways, LLC, in which OAR seeks to
lease back, and to operate over, the rail
line.
The transactions are scheduled to be
consummated on or after December 18,
2009 (30 days after the notices of
exemption were filed).
1 Koch has also concurrently filed a motion for
protective order pursuant to 49 CFR 1104.14(b) to
allow Koch to file the unredacted Asset Purchase
and Sale Agreement under seal. That motion will
be addressed in a separate decision.
2 There are no branch lines and mileposts on the
rail line.
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Fmt 4703
Sfmt 4703
63817
Koch is a noncarrier that currently
controls directly or indirectly 3 Class III
rail carriers in the states of Mississippi,
Kansas, and Texas: OAR, Blue Rapids
Railway Company, LLC, and Moscow
Camden and San Augustine Railroad,
LLC.
Koch states that: (1) The rail line
whose assets are to be acquired does not
connect with the lines of any other
railroad controlled by Koch; (2) the
continuance in control is not part of a
series of anticipated transactions that
would connect the rail line with any
railroads controlled by Koch; and (3) the
transaction does not involve a Class I
railroad. Therefore, the transaction is
exempt from the prior approval
requirements of 49 U.S.C. 11323. See 49
CFR 1180.2(d)(2).
Under 49 U.S.C. 10502(g), the Board
may not use its exemption authority to
relieve a rail carrier of its statutory
obligation to protect the interests of its
employees. Section 11326(c), however,
does not provide for labor protection for
transactions under sections 11324 and
11325 that involve only Class III rail
carriers. Accordingly, the Board may not
impose labor protective conditions here
because all of the carriers involved are
Class III carriers.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the effectiveness of
the exemption. Petitions for stay must
be filed no later than December 11, 2009
(at least 7 days before the exemption
becomes effective).
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35320, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy must be served
on David H. Coburn, Steptoe & Johnson
LLP, 1330 Connecticut Avenue, NW.,
Washington, DC 20036.
Board decisions and notices are
available on our Web site at ‘‘https://
www.stb.dot.gov.’’
Decided: November 30, 2009.
By the Board, Rachel D. Campbell,
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–28951 Filed 12–3–09; 8:45 am]
BILLING CODE 4915–01–P
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04DEN1
Agencies
[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Notices]
[Pages 63816-63817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28952]
-----------------------------------------------------------------------
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 a Buy America waiver is appropriate for the purchase of foreign
roof tiles made of 40/45 KSI 2, 24 gauge (0.0276) galvanized
steel with Kynar PPG 5LR82411 on a Federal-aid/American Recovery and
Reinvestment Act project no. X-STP-5900 (180) in Portland, Oregon.
DATES: The effective date of the waiver is December 7, 2009.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
please contact Mr. Gerald Yakowenko, FHWA Office of Program
Administration, (202) 366-1562, or via e-mail at
gerald.yakowenko@dot.gov. For legal questions, please contact Mr.
Michael Harkins, FHWA Office of the Chief
[[Page 63817]]
Counsel, (202) 366-4928, or via e-mail at 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: https://www.archives.gov and the
Government Printing Office's database at: https://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 finding that a Buy America waiver is
appropriate for the purchase and use of roof tiles made of 40/45 KSI
2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411
in Oregon State.
In accordance with Division K, section 130 of the Consolidated
Appropriations Act, 2008 (Pub. L. 110-161), the FHWA published a notice
of intent to issue a waiver on its web site for the roof tiles made of
40/45 KSI 2, 24 gauge (0.0276) galvanized steel with Kynar PPG
5LR82411 (https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=39) on October 22. The FHWA received no comments in
response to the roof tiles made of 40/45 KSI 2, 24 gauge
(0.0276) galvanized steel with Kynar PPG 5LR82411, which suggests that
the roof tiles made of 40/45 KSI 2, 24 gauge (0.0276)
galvanized steel with Kynar PPG 5LR82411 may not be available
domestically. During the 15-day comment period, the FHWA conducted an
additional nationwide review to locate potential domestic manufacturers
for the roof tiles made of 40/45 KSI 2, 24 gauge (0.0276)
galvanized steel with Kynar PPG 5LR82411. Based on all of the
information available to the agency, the FHWA concludes that there are
no domestic manufacturers for the roof tiles made of 40/45 KSI
2, 24 gauge (0.0276) galvanized steel with Kynar PPG 5LR82411.
Thus, the FHWA concludes that a Buy America waiver is appropriate
pursuant to 23 CFR 635.410(c)(1).
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 the Buy
America requirements is appropriate. The FHWA invites public comment on
this finding for an additional 15 days following the effective date of
this notice. Comments may be submitted to the FHWA's web site via the
link provided to the Oregon waiver page noted above.
Authority: 23 U.S.C. 313; Public Law 110-161, 23 CFR 635.410)
Issued on: November 27, 2009.
Dwight A. Horne,
Director, Office of Program Administration.
[FR Doc. E9-28952 Filed 12-3-09; 8:45 am]
BILLING CODE 4910-22-P