16574 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices 

exclusions. Grant applications and related 

materials submitted by applicants pursuant 

to this guidance would become agency 

records and thus subject to the FOIA and to 

public release through individual FOIA 

requests. FRA also recognizes that certain 

information submitted in support of an 

application for funding in accordance with 

this guidance could be exempt from public 

release under FOIA as a result of the 

application of one of the FOIA exemptions, 

most particularly Exemption 4, which 

protects trade secrets and commercial or 

financial information obtained from a person 

that is privileged or confidential (5 U.S.C. 

552(b)(4)). In the context of this grant 

program, commercial or financial 

information obtained from a person could be 

confidential if disclosure is likely to cause 

substantial harm to the competitive position 

of the person from whom the information 

was obtained (see National Parks & 

Conservation Ass’n v. Morton, 498 F.2d 765, 

770 (DC Cir. 1974)). Entities seeking exempt 

treatment must provide a detailed statement 

supporting and justifying their request and 

should follow FRA’s existing procedures for 

requesting confidential treatment in the 

railroad safety context found at 49 CFR 

209.11. As noted in the Department’s FOIA 

implementing regulation (49 CFR part 7), the 

burden is on the entity requesting 

confidential treatment to identify all 

information for which exempt treatment is 

sought and to persuade the agency that the 

information should not be disclosed (see 49 

CFR 7.17). The final decision as to whether 

the information meets the standards of 

Exemption 4 rests with the FRA. 

Appendix 3: Additional Information 

on Application Budgets 

Applicants must present a detailed budget 

for the proposed project that includes both 

Federal funds and matching funds. Items of 

cost included in the budget must be 

reasonable, allocable and necessary for the 

project. At a minimum, the budget should 

separate total cost of the project into the 

following categories: 

• Personnel: List each position by title and 

name of employee, if available, and show the 

annual salary rate and the percentage of time 

to be devoted to the project. Compensation 

paid for employees engaged in grant 

activities must be consistent with that paid 

for similar work within the applicant 

organization. 

• Fringe Benefits: Fringe benefits should 

be based on actual known costs or an 

established formula. Fringe benefits are for 

personnel listed in the ‘‘Personnel’’ budget 

category and only for the percentage of time 

devoted to the project. 

• Travel: Itemize travel expenses of project 

personnel by purpose (training, interviews, 

and meetings). Show the basis of 

computation (e.g., X people to Y-day training 

at $A airfare, $B lodging, $C subsistence). 

• Equipment: List nonexpendable items 

that are to be purchased. Nonexpendable 

equipment is tangible property having a 

useful life of more than two years and an 

acquisition cost of $5,000 or more per unit. 

(Note: Organization’s own capitalization 

policy may be used for items costing less 

than $5,000.) Expendable items should be 

included either in the ‘‘Supplies’’ category or 

in the ‘‘Other’’ category. Applicants should 

analyze the cost benefits of purchasing versus 

leasing equipment, especially high cost items 

and those subject to rapid technical 

advances. Rented or leased equipment 

should be listed in the ‘‘Contractual’’ 

category. Explain how the equipment is 

necessary for the success of the project. 

Attach a narrative describing the 

procurement method to be used. 

• Supplies: List items by type (office 

supplies, postage, training materials, copying 

paper, and expendable equipment items 

costing less than $5,000) and show the basis 

for computation. (Note: Organization’s own 

capitalization policy may be used for items 

costing less than $5,000.) Generally, supplies 

include any materials that are expendable or 

consumed during the course of the project. 

• Consultants/Contracts: Indicate whether 

applicant’s written procurement policy (see 

49 CFR 18.36) or the Federal Acquisition 

Regulations (FAR) are followed. Consultant 

Fees: For each consultant enter the name, if 

known, service to be provided, hourly or 

daily fee (8-hour day), and the estimated time 

on the project. Consultant Expenses: List all 

expenses to be paid from the grant to the 

individual consultants in addition to their 

fees (travel, meals, and lodging). Contracts: 

Provide a description of the product or 

service to be procured by contract and an 

estimate of the cost. Applicants are 

encouraged to promote free and open 

competition in awarding contracts. A 

separate justification must be provided for 

sole source contracts in excess of $100,000. 

• Other: List items (rent, reproduction, 

telephone, janitorial or security services) by 

major type and the basis of the computation. 

For example, provide the square footage and 

the cost per square foot for rent, or provide 

the monthly rental cost and how many 

months to rent. 

• Indirect Costs: Indirect costs are allowed 

only if the applicant has a Federally 

approved indirect cost rate. A copy of the 

rate approval (a fully executed, negotiated 

agreement) must be attached. If the applicant 

does not have an approved rate, one can be 

requested by contacting the applicant’s 

cognizant Federal agency, which will review 

all documentation and approve a rate for the 

applicant organization. 

Issued in Washington, DC, on March 29, 

2010. 

Karen Rae, 

Deputy Administrator. 

[FR Doc. 2010–7336 Filed 3–31–10; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Docket No. FAA–2010–0109] 

Petition for Waiver of the Terms of the 

Order Limiting Operations at 

LaGuardia Airport 

ACTION: Notice of reopening comment 

period to accept rebuttal comments. 

SUMMARY: On February 18, 2010, the 

FAA published a notice in the Federal 

Register seeking comment on a joint 

waiver request filed by Delta Air Lines 

and US Airways seeking a waiver from 

the prohibition on purchasing operating 

authorizations (‘‘slots’’ or ‘‘slot interest’’) 

at LaGuardia Airport. The comment 

period closed on March 22, 2010. The 

FAA finds it in the public interest to 

reopen the comment period for seven 

days to give all interested parties 

additional time to file rebuttal 

comments. Any rebuttal comments filed 

by April 5, 2010, will be considered. 

DATES: The comment period on the 

petition for waiver of the terms of the 

Order Limiting Operations at LaGuardia 

Airport opened on February 18, 2010, 

and closed on March 22, 2010, and is 

reopened for rebuttal comments until 

April 5, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0109 using any of the following 

methods: 

› Federal ERulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

› Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SW., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

› Fax: Fax comments to Docket 

Operations at 202–493–2251. 

› Hand Delivery: Bring comments to 

Docket Operations Room W12–140 of 

the West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For more information on the process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

Privacy: We will post all comments 

we receive without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment or 

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Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Notices 16575 

signing the comment for an association, 

business, labor union, etc. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

Dockets Info.dot.gov. 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to Docket Operations in Room W12– 

140 of the West Building Ground Floor 

at 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca MacPherson, Assistant Chief 

Counsel for Regulations, by telephone at 

(202) 267–3073 or be electronic mail at 

Rebecca.Macpherson@faa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 18, 2010, the FAA published 

a notice in the Federal Register (75 FR 

7306) seeking comment on a joint 

waiver request filed by Delta Air Lines 

and US Airways seeking a waiver from 

the prohibition on purchasing operating 

authorizations (‘‘slots’’ or ‘‘slot interest’’) 

at LaGuardia Airport. The comment 

period closed on March 22, 2010. The 

FAA finds it in the public interest to 

reopen the comment period for seven 

days to give all interested parties 

additional time to file rebuttal 

comments. Any rebuttal comments filed 

by April 5, 2010, will be considered. 

Issued in Washington, DC, on March 29, 

2010. 

James W. Whitlow, 

Acting Chief Counsel. 

[FR Doc. 2010–7347 Filed 3–29–10; 4:15 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Ex Parte No. 290 (Sub-No. 4)] 

Railroad Cost Recovery Procedures— 

Productivity Adjustment 

AGENCY: Surface Transportation Board. 

ACTION: Adoption of a railroad cost 

recovery procedures productivity 

adjustment. 

SUMMARY: By decision served on 

February 1, 2010, the Board proposed to 

adopt 1.010 (1.0% per year) as the 2008 

productivity adjustment, as measured 

by the average change in railroad 

productivity for the years 2004 through 

2008. The February 1, 2010 decision 

provided an opportunity to file 

comments regarding any perceived data 

and computational errors in the Board’s 

calculation. The Board’s decision also 

stated that the proposed productivity 

adjustment would become effective on 

March 1, 2010, unless the Board issued 

a further order postponing the effective 

date. 

On February 22, 2010, the Board 

received timely comments from the 

Western Coal Traffic League (WCTL) 

regarding the output index calculation 

for 2008. To allow for adequate 

consideration of WCTL’s comments, the 

Board issued a decision on February 26, 

2010, postponing the effective date of 

the 2008 productivity adjustment 

pending further order of the Board. 

In its comments, WCTL questioned 

the 2008 output index as compared to 

the 2007 output index. In response to 

WCTL’s comments, we reviewed the 

calculations for the output indices for 

both of those years. This review 

revealed the inadvertent use of masked 

revenues from the waybill records in 

both the 2007 and 2008 calculations, 

and the exclusion of certain waybill 

records in the 2007 calculations. Once 

these errors were discovered and 

corrected, we verified that the output 

index calculations for the entire 2004– 

2008 averaging period used unmasked 

revenues and did not improperly 

exclude waybill records. 

Accordingly, for the corrected 2008 

productivity adjustment, the Board’s 

calculation of the output index for 2007 

of 1.014 should be modified to 1.000, 

and the Board’s calculation of the 

output index for 2008 of 0.967 should 

be modified to 0.990. As a result, the 

corrected 5-year geometric mean of the 

annual change in productivity for the 

2004–2008 period is 1.012 (or 1.2% per 

year). 

DATES: The productivity adjustment is 

effective on March 26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michael Smith, (202) 245–0322. 

Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Additional information is contained in 

the Board’s decision, which is available 

on our Web site http://www.stb.dot.gov. 

This action will not significantly 

affect either the quality of the human 

environment or the conservation of 

energy resources. 

Decided: March 26, 2010. 

By the Board, Chairman Elliott, Vice 

Chairman Mulvey, and Commissioner 

Nottingham. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. 2010–7270 Filed 3–31–10; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Open Meeting of the President’s 

Economic Recovery Advisory Board 

(the PERAB) 

AGENCY: Departmental Offices, 

Department of the Treasury. 

ACTION: Notice of open meeting. 

SUMMARY: The President’s Economic 

Recovery Advisory Board will meet on 

April 16, 2010, in the White House 

Roosevelt Room, 1600 Pennsylvania 

Avenue, NW., Washington, DC, 

beginning at 1:30 p.m. Eastern Time. 

The meeting will be open to the public 

via live Webcast at http:// 

www.whitehouse.gov/live. 

DATES: The meeting will be held on 

April 16, 2010 at 1:30 p.m. Eastern 

Time. 

ADDRESSES: The PERAB will convene its 

next meeting in the White House 

Roosevelt Room, 1600 Pennsylvania 

Avenue, NW., Washington, DC. The 

public is invited to submit written 

statements to the Advisory Committee 

by any of the following methods: 

Electronic Statements 

• Send written statements to the 

PERAB’s electronic mailbox at 

PERAB@do.treas.gov; or 

Paper Statements 

• Send paper statements in triplicate 

to Emanuel Pleitez, Designated Federal 

Officer, President’s Economic Recovery 

Advisory Board, Office of the Under 

Secretary for Domestic Finance, Room 

1325A, Department of the Treasury, 

1500 Pennsylvania Avenue, NW., 

Washington, DC 20220. 

In general, all statements will be 

posted on the White House Web site 

(http://www.whitehouse.gov) without 

change, including any business or 

personal information provided such as 

names, addresses, e-mail addresses, or 

telephone numbers. The Department 

will also make such statements available 

for public inspection and copying in the 

Department’s Library, Room 1428, Main 

Department Building, 1500 

Pennsylvania Avenue, NW., 

Washington, DC 20220, on official 

business days between the hours of 10 

a.m. and 5 p.m. Eastern Time. You can 

make an appointment to inspect 

statements by telephoning (202) 622– 

0990. All statements received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. You 

should submit only information that 

you wish to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Emanuel Pleitez, Designated Federal 

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