39136 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

general categories such as ‘small 

airplane’ or ‘engine.’ The subscription 

service sends ADs and SAIBs to the email address of each subscriber within 

minutes after publication in the RGL. 

In September of 2007, the FAA 

stopped mailing paper copies of ADs 

and SAIBs to all owners and operators 

of transport airplanes and engines 

installed on transport airplanes. 

Full Electronic Distribution 

a. We will stop mailing paper copies 

of the remaining products according to 

the following schedule: 

Product Date 

Transport rotorcraft and rotorcraft engines .................................................................................................................................. October 1, 2009. 

All other rotorcraft and rotorcraft engines .................................................................................................................................... January 1, 2010. 

All aircraft, engines, and propellers ............................................................................................................................................. March 1, 2010. 

b. Owners and operators should use 

the following resources to obtain AD 

and SAIB information electronically: 

(1) Regulatory and Guidance Library 

(RGL) Web site: http://rgl.faa.gov. 

(2) Federal Register Web site: http:// 

www.gpoaccess.gov/fr/ 

(3) GovDelivery e-mail service—ADs 

are automatically e-mailed to 

subscribers who sign-up through the 

RGL homepage. 

c. For those people who might not 

have computer access or who still desire 

paper copies, the FAA will continue to 

provide the AD Biweekly, which is a 

paid subscription of all ADs issued in 

the Federal Register over the previous 

2-week period. The AD Biweekly is 

printed and mailed by the Government 

Printing Office (GPO) and does not 

include SAIBs. Contact the GPO directly 

at phone: (202) 512–1806 to subscribe. 

d. We will continue to fax and or mail 

paper copies of Emergency ADs until 

further notice. 

Issued in Washington, DC, on July 30, 

2009. 

Susan J. M. Cabler, 

Assistant Manager, Aircraft Engineering 

Division, Aircraft Certification Service. 

[FR Doc. E9–18646 Filed 8–4–09; 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. 

American Short Line and Regional 

Railroad Association 

[Waiver Petition Docket Number FRA–2009– 

0078] 

The American Short Line and 

Regional Railroad Association 

(ASLRRA), on behalf of it members, 

seeks a comprehensive waiver of relief 

from (1) the statutory rest requirements 

of 49 U.S.C. 21103(a)(1) for certain 

management employees who engage in 

limited train service for no more than 

25% of their monthly hours in the 

service to the railroad; (2) the statutory 

rest requirements contained in 49 U.S.C. 

21103(a)(4)(A); and approval of a pilot 

project to demonstrate the safety of 

adopting fatigue mitigation plans on 

class II and class III railroads in lieu of 

strict compliance with the requirements 

of these statutory provisions. The entire 

ASLRRA petition may be reviewed at 

http://www.regulations.gov under the 

docket number listed above. 

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–2009– 

0078) and may be submitted by any 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for of the following 

methods: 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 20 

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 July 30, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–18746 Filed 8–4–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[USCG–2006–24644] 

TORP Terminal LP, Bienville Offshore 

Energy Terminal Liquefied Natural Gas 

Deepwater Port License Application 

Amendment; Preparation of 

Supplemental Environmental Impact 

Statement 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice of Amended Application; 

Notice of Intent. 

SUMMARY: The Maritime Administration 

and the U.S. Coast Guard announce 

receipt of an application amendment for 

the licensing of the TORP Terminal LP, 

Bienville Offshore Energy Terminal 

(BOET) liquefied natural gas (LNG) 


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Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 39137 

deepwater port. The application 

amendment contains the information 

required to continue processing the 

application. This notice summarizes the 

applicant’s plans and the procedures 

that will be followed in considering this 

application amendment. The Coast 

Guard, in coordination with the 

Maritime Administration, will prepare a 

Supplemental Environmental Impact 

Statement (SEIS) as part of the 

environmental review of this license 

application amendment. 

The application amendment describes 

the proposed change in project 

regasification technology from the 

‘‘open-loop’’ LNG vaporization system 

originally proposed for TORP BOET to 

a ‘‘closed-loop’’ LNG vaporization 

system. The proposed vaporization 

system consists of a floating 

regasification unit (FRU) that contains 

ambient air vaporization (AAV) 

equipment to heat an intermediate fluid 

that would be sent via flexible pipes to 

a HiLoad floating regasification unit. 

The HiLoad would dock to a LNG 

carrier to provide station-keeping, 

vaporization of the LNG on the HiLoad, 

and transfer of natural gas back to the 

FRU in a closed-loop system. The 

proposed facility would be located in 

the Gulf of Mexico, in Main Pass Block 

MP 258, approximately 63 miles south 

of Fort Morgan, Alabama. This location 

is the same as that proposed in the 

original application. The Draft and Final 

Environmental Impact Statements were 

published on the original application on 

July 6, 2007 and August 8, 2008, 

respectively. 

ADDRESSES: Copies of the original 

license application, the Draft and Final 

Environmental Impact Statements 

(DEIS/FEIS), the application 

amendment and associated comments 

and documentation are available for 

viewing at the Federal Docket 

Management System (FDMS) Web site: 

http://www.regulations.gov under 

docket number USCG–2006–24644. 

FOR FURTHER INFORMATION CONTACT: LT 

Hannah Kawamoto, U.S. Coast Guard, 

telephone: 202–372–1437, e-mail: 

Hannah.K.Kawamoto@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–493– 

0402. 

SUPPLEMENTARY INFORMATION: 

Receipt of Application Amendment 

On June 30, 2009, the Coast Guard 

and Maritime Administration received 

an amendment for the Bienville 

Offshore Energy Terminal (BOET) 

deepwater port license application from 

TORP Terminal LP. 

Background 

The construction and operation of a 

deepwater port must be authorized by 

the Secretary of Transportation (as 

delegated to the Administrator of the 

Maritime Administration). The Coast 

Guard and Maritime Administration are 

the lead federal agencies for reviewing 

the sufficiency of deepwater port license 

applications and assessing the proposed 

project’s environmental impact on the 

quality of the human environment (see 

33 CFR part 148 et seq.). 

After receiving the original 

application, the Maritime 

Administration and the Coast Guard 

completed a Draft EIS released on July 

6, 2007. An informational open house 

and a public meeting were held in 

Mobile, Alabama to allow public 

comment and involvement. The Final 

EIS was released on August 8, 2008, and 

the final license hearing was held on 

August 26, 2008, in Alabama, the 

designated adjacent coastal state. 

During the original application’s 

public interest review process, public 

and agency comments were submitted. 

Several comments were received that 

discussed ambient air vaporization 

(AAV) technology as a reasonable 

alternative for the project’s 

regasification technology. The Final EIS 

included a brief discussion and 

evaluation of the AAV technology. The 

Final EIS also included a brief 

discussion and evaluation of a floating 

storage and regasification unit (FSRU). 

In the application amendment, the 

applicant is proposing to use a floating 

regasification unit (FRU). The difference 

between a FSRU and FRU system is that 

the FRU would not have any LNG 

storage capability. 

In the application amendment, the 

applicant proposes to amend the project 

to use AAV on a FRU to indirectly heat 

LNG on a single HiLoad in a closed-loop 

system. The original application 

proposed to operate an open-loop 

system using two HiLoads and a support 

platform. As stated above, AAV was 

discussed in the original application’s 

FEIS as a generic system based on an 

existing application of this technology 

at an onshore LNG facility. The 

application amendment contains a 

diagram of the actual AAV design that 

is proposed to be used. 

After consulting with cooperating 

Federal agencies, the Coast Guard and 

Maritime Administration have 

determined that a Supplemental 

Environmental Impact Statement (SEIS) 

will provide the appropriate level of 

information for the National 

Environmental Policy Act (NEPA) 

review and analysis. The decision to 

produce a SEIS was based upon the 

finding that the proposed application 

amendment: (i) Makes substantial 

changes in the proposed action that are 

relevant to environmental concerns; and 

(ii) contains significant new 

circumstances or information relevant to 

environmental concerns and which bear 

on the proposed action or its impacts. 

The SEIS will describe the project’s 

changed regasification system. As much 

as possible, the SEIS will incorporate by 

reference the recently published 

Bienville Offshore Energy Terminal 

(BOET) FEIS. 

The SEIS process will allow ample 

opportunity for meaningful public 

comment and involvement. The Coast 

Guard and Maritime Administration’s 

initial review of the proposed project 

changes indicate a reduction in impacts 

in several key resource areas that were 

originally identified with the open-loop 

system. In addition, comments from 

cooperating Federal agencies and the 

public on the original EIS discussed and 

supported the closed-loop AAV 

technology as an environmentally 

preferred alternative. 

The Council on Environmental 

Quality’s NEPA Regulations (40 CFR 

1502.9(c)(4)) provide that scoping is not 

required for a SEIS. Once completed, a 

Draft SEIS will be announced in the 

Federal Register and made available for 

public comment. Following completion 

and release of the Draft SEIS, there will 

be a public notice and a 30-day 

comment period where the Coast Guard 

and Maritime Administration will 

receive comments on both the amended 

application and the Draft SEIS. A public 

meeting will be held in Alabama 

approximately two weeks after release 

of the Draft SEIS. The Coast Guard and 

Maritime Administration will consider 

all comments and address them in the 

Final SEIS. Following completion and 

release of the Final SEIS, there will be 

public notice and a 30-day comment 

period where the Coast Guard and 

Maritime Administration will receive 

comments on the Final SEIS. A final 

license hearing will be held in Alabama 

approximately two weeks after the 

release of the Final SEIS. A 45-day 

comment period will follow the final 

license hearing during which Federal 

agencies may provide input to the 

Maritime Administrator, and the 

Governor of Alabama may advise the 

Maritime Administrator of his decision 

to approve or disapprove the license 

application. Within 90 days of the final 

license hearing, the Maritime 

Administration will issue a record of 

decision (ROD) on the application. 

Questions about the proposed action 

or the SEIS process may be addressed to 


srobinson on DSKHWCL6B1PROD with NOTICES
39138 Federal Register / Vol. 74, No. 149 / Wednesday, August 5, 2009 / Notices 

the Coast Guard project manager 

identified in FOR FURTHER INFORMATION

CONTACT. 

Privacy Act 

The electronic form of all comments 

received into the Federal Docket 

Management System can be searched by 

the name of the individual submitting 

the comment (or signing the comment, 

if submitted on behalf of an association, 

business, labor union, etc.). The DOT 

Privacy Act Statement can be viewed in 

the Federal Register published on April 

11, 2000 (Volume 65, Number 70, pages 

19477–78) or you may visit http:// 

www.regulations.gov. 

Authority: 49 CFR 1.66. 

Dated: July 28, 2009. 

By order of the Maritime Administrator. 

Murray Bloom, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–18682 Filed 8–4–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Value Pricing Pilot Program 

Participation, Fiscal Years 2009 and 

2010 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice; solicitation for 

participation. 

SUMMARY: This notice invites States, 

along with their local government 

partners and other public authorities, to 

apply to participate in the Value Pricing 

Pilot (VPP) program and presents 

guidelines for program applications for 

fiscal years 2009 and 2010. Unlike with 

previous notices, the purpose of this 

notice is to seek only applications for 

statewide, regionwide, or areawide 

transportation pricing studies and for 

transportation pricing implementation 

projects that do not entail tolling 

roadways. This notice seeks 

applications for fiscal year 2009 

funding, and if Congress chooses to 

extend Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) VPP 

program funding, for such funds made 

available in fiscal year 2010. 

DATES: 1. Applications for tolling 

authority only may be submitted at any 

time. 

2. Formal grant applications, 

however, must be submitted no later 

than November 3, 2009, to be assured 

consideration. 

3. Applicants may also submit an 

optional ‘‘sketch’’ or draft proposal by 

September 21, 2009, which FHWA will 

review and provide general feedback on 

for the applicant to use in its formal 

grant application. Sketch or draft 

proposals received after this date may 

still be reviewed by and commented 

upon by FHWA at its discretion. 

4. For applications that had been 

submitted under the September 16, 2008 

(73 FR 53478) solicitation that were not 

funded (for a list of projects funded 

from that solicitation, see: http:// 

www.fhwa.dot.gov/pressroom/ 

fhwa0913.htm), and where such 

applications would still be eligible for 

funding under the criteria provided by 

this notice, applicants may submit a 

letter to the Department by September 4, 

2009, requesting comments on their 

previous applications. 

Application Submission: Applications 

may be submitted through http:// 

www.grants.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions about or to provide 

information to FHWA that responds to 

this notice, such as to submit a letter or 

sketch plan, please contact Ms. Angela 

Jacobs, FHWA Office of Operations, at 

(202) 366–0076, angela.jacobs@dot.gov. 

For technical questions related to the 

development of pricing projects not 

involving tolls, please contact Mr. Allen 

Greenberg, FHWA Office of Operations, 

at (202) 366–2425, 

allen.greenberg@dot.gov. For technical 

questions related to the development of 

regional pricing projects, please contact 

Mr. Patrick DeCorla-Souza, FHWA 

Office of Innovative Program Delivery, 

at (202) 366–4076, patrick.decorlasouza@dot.gov. For legal questions, 

please contact Mr. Michael Harkins, 

FHWA Office of the Chief Counsel, at 

(202) 366–4928, 

michael.harkins@dot.gov. 

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 

Section 1012(b) of the Intermodal 

Surface Transportation Efficiency Act 

(ISTEA) (Pub. L. 102–240; 105 Stat. 

1914), as amended by section 1216(a) of 

the Transportation Equity Act (TEA–21) 

(Pub. L. 105–178; 112 Stat. 107), and 

section 1604(a) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59; 119 Stat. 1144), 

authorizes the Secretary of 

Transportation (the Secretary) to create 

a Value Pricing Pilot (VPP) program. 

Congestion pricing encompasses a 

variety of strategies to manage 

congestion on highways, including 

tolling of highway facilities, as well as 

other strategies that do not involve tolls, 

such as mileage-based car insurance and 

parking pricing. The congestion pricing 

concept of charging variable fees based 

upon usage and assessing relatively 

higher prices for travel during peak 

periods is the same as that used in many 

other sectors of the economy to respond 

to peak-use demands. For example, 

airlines, hotels, and theaters often 

charge more at peak periods than at 

non-peak periods. 

According to the statutory 

requirements of the VPP program, 

FHWA may enter into cooperative 

agreements with up to 15 State or local 

governments or other public authorities 

(henceforth referred to only as ‘‘States’’) 

to establish, maintain, and monitor VPP 

programs, each including an unlimited 

number of projects. The FHWA invites 

interested States to apply to participate 

in the VPP program for the remainder of 

FY 2009 and also for FY 2010, if 

SAFETEA–LU funding is extended. 

While direct submissions by local 

governments and public authorities are 

allowable under SAFETEA–LU, FHWA 

strongly prefers applications to be 

submitted through State departments of 

transportation, since that would allow 

the potential for multiple VPP program 

projects within a State counting as only 

1 of the 15 allowable partnerships. 

To comply with the statutory cap on 

the number of partnering States and 

other public authorities in a manner that 

maximizes program participation, 

FHWA will only consider an ‘‘active’’ 

cooperative agreement sufficient to hold 

1 of the 15 available VPP program slots, 

as also noted in the September 16, 2008, 

notice for VPP program participation (73 

FR 53478). An agreement will be 

considered ‘‘active’’ by FHWA under 

either of the following two conditions: 

(1) During the period of time between 

when a cooperative funding agreement 

for a project or projects has been signed 

and when the project or projects has or 

have been completed, and (2) if VPP 

program tolling authority has been 

granted and is still needed to toll a new 

or existing highway. Absent one or both 

of these conditions being met, an 

agreement will not be considered active 

for the purposes of the VPP program. If 

progress in moving forward to use its 

VPP program funding or tolling 

authority is unsatisfactory, FHWA may 

withdraw its approval for inactive 

agreements in favor of other applicants 


srobinson on DSKHWCL6B1PROD with NOTICES