Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 48123 

waiver petition). WES trains are 

equipped with a 96 dB(A) horn that can 

be used in an emergency. TriMet points 

out that WES trains are equipped with 

FRA-compliant headlights and auxiliary 

lights that form a triangular pattern for 

conspicuity to motorists. All of the 

public crossings are equipped with 

automatic warning devices consisting of 

flashing lights and gates, except for four 

crossings that do not have gates. WES 

and P&W trains will both sound the 

locomotive horns in the same pattern, 

thus providing a consistent warning to 

motorists and pedestrians. In an 

emergency, WES train engineers will 

retain the ability to sound the FRAcompliant horn of 96 dB(A). TriMet 

believes that these alternative audible 

warnings, coupled with the crossing 

protections and operating conditions, 

provide an equivalent level of safety. 

Title 49 CFR 222.21(a) reads as 

follows: ‘‘Except as provided in this 

part, the locomotive horn on the lead 

locomotive of a train, lite locomotive 

consist, individual locomotive or lead 

cab car shall be sounded when such 

locomotive or lead cab car is 

approaching a public highway-rail grade 

crossing. Sounding of the locomotive 

horn with two long blasts, one short 

blast and one long blast shall be 

initiated at a location so as to be in 

accordance with paragraph (b) of this 

section and shall be repeated or 

prolonged until the locomotive occupies 

the crossing. This pattern may be varied 

as necessary where crossings are spaced 

closely together.’’ Title 49 CFR 

222.21(b)(2) reads as follows: ‘‘Except as 

provided in paragraphs (b)(3) and (d) of 

this section, or when the locomotive 

horn is defective and the locomotive is 

being moved for repair consistent with 

§ 229.9 of this chapter, the locomotive 

horn shall begin to be sounded at least 

15 seconds, but no more than 20 

seconds, before the locomotive enters 

the crossing. It shall not constitute a 

violation of this section if, acting in 

good faith, a locomotive engineer begins 

sounding the locomotive horn not more 

than 25 seconds before the locomotive 

enters the crossing, if the locomotive 

engineer is unable to precisely estimate 

the time of arrival of the train at the 

crossing for whatever reason.’’ 

TriMet is requesting a permanent 

waiver from these two subsections of 49 

CFR 222.21 for trains operating on the 

Lombard segment. WES operates in the 

street for approximately 2,000 feet 

outside the Beaverton Transit Center 

(the Lombard segment). Freight trains 

do not operate on the Lombard segment. 

There are three crossings on the 

Lombard segment. One is equipped with 

crossing warning devices consisting of 

bells, flashing lights, and gates. The 

other two crossings are equipped with 

traffic signals, flashing lights, and bells. 

The maximum train speed on the 

Lombard segment is 10 mph. TriMet 

proposes that when the lead unit on a 

WES train approaches a grade crossing 

on the Lombard segment, the bells on 

the lead unit will begin to sound at 60 

dB(A) at least 15 seconds before the lead 

car enters the crossing. The bells will 

sound continuously, in lieu of the 

locomotive horn, until the last car in the 

WES train clears the grade crossing. 

TriMet states that safety is not 

compromised as the alternative 

procedure previously described will 

provide an equivalent level of safety. 

TriMet asserts that the bell sounding 

procedure described, plus the fact that 

all three crossings are equipped with 

automatic warning devices, will provide 

the same level of safety. Furthermore, 

WES trains operate at a maximum of 10 

mph over the Lombard segment and are 

equipped with a 96 dB(A) horn that may 

be used in an emergency. 

TriMet requests expedited 

consideration in order to provide relief 

as soon as possible. There have been a 

large number of complaints received 

about the train horns. Since the 

establishment of quiet zones takes 

significant time and considerable 

expense, the approval of this waiver 

petition is the quickest source of relief. 

TriMet states that it is not filing a 

joint waiver petition with the involved 

public authorities in the interest of 

expediency. The waiver petition 

includes letters of support from 

Washington County and the Cities of 

Beaverton, Tigard, and Tualatin. TriMet 

has also provided copies of the waiver 

petition to the Oregon Department of 

Transportation, P&W, and the City of 

Wilsonville, and asked that these 

entities provide FRA with letters of 

support. 

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– 

0072) and may be submitted by any of 

the following methods: 

• Web site: http:// 

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. 

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 

http://www.regulations.gov. 

Anyone is able to search the 

electronic form of all 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 September 

14, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–22595 Filed 9–18–09; 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) 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. 

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48124 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 

Livonia, Avon & Lakeville Railroad 

Corporation (Waiver Petition Docket 

Number FRA–2002–13250) 

The Livonia, Avon & Lakeville 

Railroad Corporation (LAL) of Lakeville, 

New York, has petitioned for a 

permanent waiver of compliance for one 

business car, LAL 100 (Traveler), from 

the requirements of the Railroad Safety 

Glazing Standards, Title 49 CFR part 

223.15(c), which require certified 

glazing in all windows and a minimum 

of four emergency windows. LAL 

purchased this business car from the 

Arkansas & Missouri Railroad and is the 

ex-Canadian National Railways business 

car 65. LAL indicates that the car is 

equipped with non-compliant glazing, is 

not air-conditioned and is used only 

about 3 or 4 times a year at speeds not 

exceeding 25 mph. The car operates on 

LAL, B&H Rail Corporation, and the 

Western New York & Pennsylvania 

Railroad lines. 

LAL states that the design of the 

window sachets (wood) makes 

installation of glazing a costly item. All 

windows (25 total) open (up) eight 

inches. LAL requests that due to the 

prohibitive cost and little use of the car 

that the certified glazing requirements 

be waived for the business car LAL 100 

(Traveler). 

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–2002– 

13250) and may be submitted by any of 

the following methods: 

• Web site: http:// 

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. 

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 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 September 

14, 2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–22579 Filed 9–18–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE TREASURY 

Community Development Financial 

Institutions Fund 

Proposed Collection: Comment 

Request 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the 

Community Development Financial 

Institutions Fund (‘‘the Fund’’) within 

the Department of the Treasury is 

soliciting comments concerning the 

Certification of Material Events Form. 

This specific information collection will 

capture information related to 

Community Development Entity (CDE)/ 

New Markets Tax Credit material 

events, as well as Community 

Development Financial Institutions 

(CDFI) material events, in a single form. 

The revised document will provide a 

more comprehensive list of potential 

material events to inform CDEs and 

CDFIs of the events that need to be 

reported to the CDFI Fund and will 

require the CDE or CDFI to affirmatively 

indicate, through a series of specific 

questions, whether or not the event will 

have an impact on areas of operations 

that are of particular concern to the 

CDFI Fund. This information will 

enable the CDFI Fund to better manage 

the Material Events review process and 

monitor the effects of Material Events on 

certification or compliance status. 

DATES: Written comments should be 

received on or before November 20, 

2009 to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Bob Ibanez, Financial and Program 

Analyst, Community Development 

Financial Institutions Fund, U.S. 

Department of the Treasury, 601 13th 

Street, NW., Suite 200 South, 

Washington, DC 20005. Written 

comments may also be sent by fax to 

(202) 622–7754, or by e-mail to 

cdfihelp@cdfi.treas.gov. Please include 

the Subject line ‘‘Comments on the 

Certification of Material Events Form’’. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form(s) and instructions 

should be directed to Bob Ibanez, 

Financial and Program Analyst, 

Community Development Financial 

Institutions Fund, U.S. Department of 

the Treasury, 601 13th Street, NW., 

Suite 200 South, Washington, DC 20005, 

by e-mail to cdfihelp@cdfi.treas.gov, or 

by phone to (202) 927–6232 (this is not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Title: Certification of Material Events 

Form. 

OMB Number: Pending OMB 

Approval. 

Abstract: This specific information 

collection will capture information 

related to Community Development 

Entity (CDE)/New Markets Tax Credit 

material events, as well as Community 

Development Financial Institutions 

(CDFI) material events, in a single form. 

The revised document will provide a 

more comprehensive list of potential 

material events to inform CDEs and 

CDFIs of the events that need to be 

reported to the CDFI Fund and will 

require the CDE or CDFI to affirmatively 

indicate, through a series of specific 

questions, whether or not the event will 

have an impact on areas of operations 

that are of particular concern to the 

CDFI Fund. This information will 

enable the CDFI Fund to better manage 

the Material Events review process and 

monitor the effects of Material Events on 

certification or compliance status. 

Current Actions: Currently revising 

and redesigning the Certification of 

Material Events Form. 

mstockstill on DSKH9S0YB1PROD with NOTICES