42144 Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 

but received no comment in response to 

the publication. 

e. Final Decision 

We are granting Beall’s petiton for 

exemption. The manufacturer satisfies 

the criterion that its total motor vehicle 

production in its most recent year of 

production does not exceed 10,000. In 

its petition, Beall noted that it produced 

79 vehicles in the 12 months period 

prior to requesting the exemption, of 

which 64 were dump body type trailers 

that would be covered by the requested 

temporary exemption. Based on this, we 

conclude that Beall is eligible for the 

requested exemption. 

The agency may grant such a petition 

if it finds that the petitioner would 

suffer financial hardship if an 

exemption were not granted, that the 

petitioner has tried in good faith to 

comply with the standard, and that an 

exemption would be in the public 

interest and consistent with the 

purposes of the Vehicle Safety Act. 

The fundamental problem which is 

causing Beall to be unable to fully 

comply with the rear impact 

requirements relates to the design and 

function of the vehicle. As stated in the 

petition for exemption, the bodies at 

issue are raised as to discharge out of 

the rear. Therefore, they require the area 

to the rear of the vehicle, where the rear 

impact protection material would 

ordinarily be located, to be clear enough 

for the discharge to proceed smoothly. 

Despite significant expenditures of 

capital and labor in pursuit of 

compliance, Beall was unable to bring 

its vehicle into compliance. While 

engineering research and possible 

alternative solutions are being 

considered, the company currently 

requires a temporary exemption in order 

to sell its vehicles in their current state. 

Beall has shown the necessary aspects 

to receive a temporary exemption on the 

basis of financial hardship. These 

include demonstrated financial 

hardship, good faith efforts to comply 

with the standard, and a showing that 

receiving the exemption would be in the 

public interest. We discuss these below. 

First, Beall’s financial statements 

show substantial financial hardship. As 

stated above, Beall estimates that it 

could lose substantial money if it is 

unable to sell its dump body trailers. 

Furthermore, given the economic 

downturn in recent months, we believe 

that it is likely that Beall’s economic 

condition has deteriorated further since 

it originally submitted its petition. 

Second, the petitioner has shown a 

good faith effort to comply with the 

standard. Again, as stated above, the 

petitioner has undertaken substantial 

research and design efforts in order to 

try and comply with the standard. It has 

worked on designing internal solutions, 

partnered with the Mechanical 

Engineering department at Montana 

State University, and tried to find thirdparty suppliers that could design 

equipment that could overcome the 

formidable design challenges. It has also 

searched for alternative means of 

compliance, such as plastically 

deforming devices and mounting the 

box higher on the vehicle. Finally, it 

continues to work on design changes 

that could allow it to comply with the 

full FMVSSs. 

Third, we believe that the public 

interest is served by granting this 

exemption. There is a problem in 

practicability in complying with the 

requirements of the standard. This is a 

trailer that requires a controlled release 

of the materials from the dump body, 

which complicates the ability to install 

a rear impact protection system that 

does not interfere with the trailer’s 

operation. Additionally, these trailers 

are used primarily in road construction 

applications, thereby removing them 

generally from the flow of traffic 

(although they may still be used in some 

in-traffic situations, such as transport to 

and from road construction sites). 

Coupled with the very low number of 

vehicles expected to be produced during 

the temporary exemption, the negative 

safety impact of the exemption will be 

insignificant. In contrast, permitting this 

type of vehicle to be sold to the public 

serves the public interest. 

Public Interest Considerations. Dump 

body trailers are used primarily for 

road-paving and other construction 

tasks, and frequently discharge road 

material via the rear of the vehicle. In 

considering whether granting a petition 

is in the public interest, NHTSA also 

considers the impact of not granting the 

exemption on consumer choice and the 

economy, as well as the relative impact 

of the exemption on safety. Beall states 

that the failure to receive an exemption 

could cause the closure of the Pioneer 

Truckweld operation and the layoff of 

38 employees in U.S. operations. Given 

the relatively few companies that 

produce these sort of specialized 

trailers, we believe that the exemption 

would have benefits with regard to 

enhancing consumer choice and 

facilitating construction projects. Also, 

we note again that given the relatively 

low number of vehicles produced by the 

petitioner over its history, and the fact 

that they are primarily used in road 

construction tasks as opposed to being 

driven in the flow of traffic, the safety 

impact of the lack of required rear 

impact protection equipment is likely to 

be relatively small. 

In consideration of the foregoing, we 

conclude that compliance with the 

requirements of FMVSS No. 224, Rear 

Impact Protection, would cause 

substantial economic hardship to a 

manufacturer that has tried in good faith 

to comply with the standard. We further 

conclude that granting of an exemption 

would be in the public interest and 

consistent with the objectives of traffic 

safety. 

In accordance with 49 U.S.C. 

30113(b)(3)(B)(i), Beall Corporation is 

granted NHTSA Temporary Exemption 

No. EX 09–03, from FMVSS No. 224. 

The exemption covers only dump body 

trailers manufactured by the company. 

The exemption shall remain for three 

years as indicated in the DATES section 

of this notice. 

(49 U.S.C. 30113; delegations of authority at 

49 CFR 1.50. and 501.8) 

Issued on: August 14, 2009. 

Ronald L. Medford, 

Acting Deputy Administrator. 

[FR Doc. E9–19956 Filed 8–19–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Notice of Final Federal Agency Actions 

on Proposed Highway in Ohio 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice of Limitation on Claims 

for Judicial Review of Actions by FHWA 

and Other Federal Agencies. 

SUMMARY: This notice announces actions 

taken by the FHWA and other Federal 

agencies that are final within the 

meaning of 23 U.S.C. § 139(l)(1). The 

actions relate to a proposed highway 

project, the Interstate Routes 70 and 71 

and interchanges, in the City of 

Columbus, Franklin County, State of 

Ohio (FRA–70–8.93, Project 

Identification Number 77369). Those 

actions grant licenses, permits, and 

approvals for the project. 

DATES: By this notice, the FHWA is 

advising the public of final agency 

actions subject to 23 U.S.C. § 139(l)(1). 

A claim seeking judicial review of the 

Federal agency actions on the highway 

project will be barred unless the claim 

is filed on or before February 16, 2010. 

If the Federal law that authorizes 

judicial review of a claim provides a 

time period of less than 180 days for 

filing such claim, then that shorter time 

period still applies. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 160 / Thursday, August 20, 2009 / Notices 42145 

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger Ryder, Program Delivery 

Engineer, Federal Highway 

Administration, 200 North High Street, 

Columbus, Ohio 43215; telephone: (614) 

280–6849; e-mail: 

Roger.Ryder@fhwa.dot.gov; FHWA Ohio 

Division Office’s normal business hours 

are 8 a.m. to 4:30 p.m. (eastern time). 

You may also contact Mr. Ferzan 

Ahmed, Ohio Department of 

Transportation, 400 E. William Street, 

Delaware, Ohio 43015; telephone: (740) 

833–8367; e-mail: 

Ferzan.Ahmed@dot.state.oh.us. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the FHWA and other 

Federal agencies have taken final agency 

actions by issuing licenses, permits, and 

approvals for the following major 

highway improvements in the State of 

Ohio: To reconstruct the I–70/I–71/SR 

315 freeway system known as 

Columbus’ South Innerbelt and involves 

changing the I–70 and I–71 lanes 

assignments, adding additional through 

lanes on I–70 and I–71 and 

reconfiguring the I–70/I–71/SR 315 west 

interchange and the I–70/I–71 east 

interchange. The improvements will 

also consolidate access to the downtown 

area by moving ramps to the periphery 

of the I–70/I–71 overlap section and 

compelling motorists traveling to and 

from downtown Columbus to use oneway urban corridor streets. Motorists 

will access downtown Columbus via 

one-way urban corridor streets that run 

parallel to the north side of the I–70/I– 

71 overlap and along both sides of I–71. 

These streets collect traffic from the 

freeway to distribute it throughout the 

downtown. The Mound Street corridor 

will be used for westbound traffic along 

the I–70/I–71 overlap and the Fulton 

Street corridor for eastbound traffic. 

Along I–71 traffic will utilize Lester 

Drive and Willow Alley for southbound 

traffic while northbound traffic will use 

a new urban corridor street parallel to 

Parsons Avenue. The improvements 

will provide for three (3) through lanes 

in each direction for I–70, two (2) 

through lanes in each direction for I–71 

and the elimination of the weaving 

between interstate routes in the overlap 

section by keeping the I–70 lanes to the 

inside and bringing the I–71 lanes along 

the outside. The project length is 

approximately 8.7 miles. 

The actions by the Federal agencies, 

and the laws under which such actions 

were taken, are described in the 

Environmental Assessment (EA) for the 

project, approved on January 14, 2009, 

in the Finding of No Significant Impact 

(FONSI) issued on July 8, 2009, and in 

other documents in the FHWA 

administrative record. The EA, FONSI, 

and other documents in the FHWA 

administrative record file are available 

by contacting the FHWA or the Ohio 

Department of Transportation at the 

addresses provided above. The EA and 

FONSI can be viewed at ODOT District 

6 Office in Delaware, Ohio and on 

ODOT’s Web site at http:// 

www.7071study.org. 

This notice applies to all Federal 

agency decisions as of the issuance date 

of this notice and all laws under which 

such actions were taken, including but 

not limited to: 

1. General: National Environmental 

Policy Act (NEPA) [42 U.S.C. 4321– 

4351]; Federal-Aid Highway Act [23 

U.S.C. 109]. 

2. Air: Clean Air Act, 42 U.S.C. 7401– 

7671(q). 

3. Land: Section 4(f) of the 

Department of Transportation Act of 

1966 [49 U.S.C. 303]; Landscaping and 

Scenic Enhancement (Wildflowers), 23 

U.S.C. 319. 

4. Wildlife: Endangered Species Act 

[16 U.S.C. 1531–1544 and section 1536], 

Marine Mammal Protection Act [16 

U.S.C. 1361], Fish and Wildlife 

Coordination Act [16 U.S.C. 661– 

667(d)], Migratory Bird Treaty Act [16 

U.S.C. 703–712]. 

5. Historic and Cultural Resources: 

Section 106 of the National Historic 

Preservation Act of 1966, as amended 

[16 U.S.C. 470(f) et seq.]; Archeological 

Resources Protection Act of 1977 [16 

U.S.C. 470(aa)–11]; Archeological and 

Historic Preservation Act [16 U.S.C. 

469–469(c)]; Native American Grave 

Protection and Repatriation Act 

(NAGPRA) [25 U.S.C. 3001–3013]. 

6. Social and Economic: Civil Rights 

Act of 1964 [42 U.S.C. 2000(d)– 

2000(d)(1)]; American Indian Religious 

Freedom Act [42 U.S.C. 1996]; Farmland 

Protection Policy Act (FPPA) [7 U.S.C. 

4201–4209]. 

7. Wetlands and Water Resources: 

Land and Water Conservation Fund 

(LWCF), 16 U.S.C. 4601–4604; Safe 

Drinking Water Act (SDWA), 42 U.S.C. 

300(f)–300(j)(6); Rivers and Harbors Act 

of 1899, 33 U.S.C. 401–406; Wild and 

Scenic Rivers Act, 16 U.S.C. 1271–1287; 

Emergency Wetlands Resources Act, 16 

U.S.C. 3921, 3931; TEA–21 Wetlands 

Mitigation, 23 U.S.C. 103(b)(6)(m), 

133(b)(11); Flood Disaster Protection 

Act, 42 U.S.C. 4001–4128. 

8. Executive Orders: E.O. 11990 

Protection of Wetlands; E.O. 11988 

Floodplain Management; E.O. 12898 

Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low Income 

Populations; E.O. 11593 Protection and 

Enhancement of Cultural Resources; 

E.O. 13007 Indian Sacred Sites; E.O. 

13287 Preserve America; E.O. 13175 

Consultation and Coordination with 

Indian Tribal Governments; E.O. 11514 

Protection and Enhancement of 

Environmental Quality; E.O. 13112 

Invasive Species. 

(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.) 

Authority: 23 U.S.C. 139(l)(1). 

Issued on August 13, 2009. 

Patrick A. Bauer, 

Acting Division Administrator, Columbus, 

Ohio. 

[FR Doc. E9–20068 Filed 8–19–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Funding Opportunity Title: Notice of 

Funds Availability (NOFA) inviting 

applications for the FY 2010 Funding 

Round of the Native American CDFI 

Assistance (NACA) Program. 

Announcement Type: Announcement 

of funding opportunity. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 21.020 

DATES: Applications for Financial 

Assistance (FA) and/or Technical 

Assistance (TA) awards through the FY 

2010 Funding Round of the NACA 

Program must be received by 5 p.m. 

Eastern Time (ET), October 7, 2009. 

Executive Summary: Subject to 

funding availability, this NOFA is 

issued in connection with the FY 2010 

Funding Round of the NACA Program 

(the FY 2010 Funding Round). The 

NACA Program is administered by the 

Community Development Financial 

Institutions Fund (the Fund). 

I. Funding Opportunity Description 

A. Through the NACA Program, the 

Fund provides: (i) FA awards to CDFIs 

that have at least 50 percent of their 

activities directed toward serving Native 

American, Alaskan Native, and/or 

Native Hawaiian Communities (Native 

CDFIs) that have Comprehensive 

Business Plans for creating 

demonstrable community development 

impact through the deployment of 

credit, capital, and financial services 

within their respective Target Markets 

or the expansion into new Investment 

Areas, Low-Income Targeted 

Populations, or Other Targeted 


sroberts on DSKD5P82C1PROD with NOTICES