Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Notices 14861 

circulars is largely a restatement of the 

SMP chapter in the 1998 Section 5310 

Circular 9070.1E (Chapter VII). FTA did 

not make any changes to the proposed 

Chapter VII; we have adopted the 

proposed Chapter VII as the final 

Chapter VII. 

In all three program circulars, the first 

two parts of Chapter VII explain the 

general requirements and purpose of 

Management Plans. The third part, 

‘‘Reviews,’’ differs slightly among the 

programs. The Section 5310 circular 

discusses only State Management 

Reviews (as it is an entirely Statemanaged program), while the JARC and 

New Freedom circulars discuss reviews 

at both the State and designated 

recipient level. The ‘‘Reviews’’ part of 

Chapter VII is an addition to the 1998 

Section 5310 circular. 

The fourth part of Chapter VII 

discusses the content of Management 

Plans. The suggested content of SMPs 

and PMPs is essentially identical in all 

three circulars, but the Section 5310 

circular reflects the fact that Section 

5310 is entirely State administered. 

Management Plans are to include a 

section on use of the 10 percent of the 

apportionment available for 

administration and technical assistance, 

and a description of how the State or 

designated recipient makes additional 

resources available to local areas. 

The final part of Chapter VII, which 

discusses revisions to the Management 

Plan, is the same for all three circulars, 

and mirrors the language in the 1998 

Section 5310 circular. 

One commenter requested that FTA 

make the information in the SMP and 

PMP more available to the public. 

Members of the public can obtain this 

information from the FTA regional 

office that serves the designated 

recipient or State. In addition, some 

grantees make this information available 

on their Web sites. 

H. Chapter VIII—Other Provisions 

This chapter is an expansion of the 

current ‘‘Other Provisions’’ chapter in 

the 1998 Section 5310 circular, and is 

virtually the same for all three circulars. 

Chapter VIII summarizes a number of 

FTA-specific and other Federal 

requirements that FTA grantees are held 

to in addition to the program-specific 

requirements and guidance provided in 

these circulars. This chapter explains 

some of the most relevant requirements 

and provides citations to the actual 

statutory or regulatory text. Grantees 

should use this document in 

conjunction with FTA’s ‘‘Master 

Agreement’’ and the current fiscal year 

‘‘Certifications and Assurances’’ to 

assure that they have met all 

requirements. Grantees may contact 

FTA Regional Counsel for more details 

about these requirements. 

In paragraph 10(b) of the proposed 

JARC circular, describing transit 

employee protection under 49 U.S.C. 

5333(b), FTA stated that we anticipate 

the Department of Labor (DOL) will 

revise the warranty and procedures 

currently in use relative to Section 5311. 

One commenter wanted to know, until 

such action is taken by DOL, what 

provisions are being made to allow the 

Section 5311 process to be applied to 

rural grantees of the JARC program. We 

have removed this language from the 

JARC circular, and will amend the 

circular when/if DOL changes its 

procedures. Until DOL changes its 

procedures, the Section 5311 warranty 

will not apply to rural JARC projects, 

and FTA must transmit JARC grants to 

DOL for certification. JARC projects 

should not be combined in a single 

grant with Section 5311 funds. 

Paragraph 14 discusses the Drug and 

Alcohol testing requirements for Section 

5310, JARC, and New Freedom. 

Recipients that only receive Section 

5310, JARC, or New Freedom funds are 

not subject to FTA’s drug and alcohol 

testing rules, but must comply with the 

Federal Motor Carrier Safety 

Administration’s rule for employees 

who hold Commercial Driver’s Licenses. 

Recipients of other FTA programs that 

also receive Section 5310, JARC, or New 

Freedom funds should include any 

employees funded under these programs 

in their testing program. One 

commenter asserted that FTA rules do 

not allow employees not covered by 

FTA’s drug and alcohol rules to be 

tested under FTA rules, and therefore 

they would have to have two testing 

programs. An FTA compliant testing 

program, as required by the receipt of 

FTA operating or capital funding (5307, 

5309, 5311), can be used for Section 

5310, JARC, and New Freedom 

employees; there is no need to have two 

testing programs. Employees of a 

subrecipient of Section 5310, JARC, or 

New Freedom funds from a designated 

recipient of another FTA program (such 

as 5307 or 5311) should also be 

included in the designated recipient’s 

testing program. 

I. Appendices 

The Appendices sections for the 

Section 5310, JARC, and New Freedom 

programs are intended as tools for 

developing a grant application. 

Appendix A specifically addresses steps 

and instructions for preparing a grant 

application, including pre-application 

and application stages. Appendix A also 

includes an application checklist and 

information for registering with the 

Electronic Clearinghouse Operation 

System (ECHO). One commenter 

questioned why both an Allocation 

Letter and a Program of Projects (POP) 

needed to be submitted at the same 

time, since the POP is included with the 

grant application and includes the same 

information as the Allocation Letter. We 

have revised the language in paragraph 

1(f) of Appendix A to state that the 

Allocation Letter is only necessary if the 

State is allowing a public entity in a 

small urbanized area under 200,000 in 

population to apply for funds directly 

from FTA. 

Appendix B includes a sample 

program of projects. Appendix C in the 

5310 circular and Appendix E in the 

JARC and New Freedom circulars 

provides contact information for FTA’s 

regional offices. In the JARC and New 

Freedom circulars, Appendix C includes 

budget information and provides 

specific activity line item (ALI) codes 

for specific types of eligible costs (i.e., 

capital, operating, planning, etc.). A 

sample approved budget is included in 

Appendix D. Appendix C in the Section 

5310 circular and Appendix E in the 

JARC and New Freedom circulars 

contain contact information for FTA’s 

regional and metropolitan offices. 

Appendix D in Section 5310 and 

Appendix F in the JARC and New 

Freedom circulars list potential sources 

of technical assistance. In the final 

circulars, we added Appendix E in the 

Section 5310 circular and Appendix G 

in the JARC and New Freedom circulars, 

‘‘Relationship Between Coordinated 

Planning and Metropolitan and 

Statewide Planning.’’ The final 

Appendix in each circular is a list of 

References, traditionally at the front of 

FTA circulars. FTA has moved this list 

to an appendix for ease of reading. 

Issued in Washington, DC, this 22nd day 

of March 2007. 

James S. Simpson, 

Administrator. 

[FR Doc. E7–5734 Filed 3–28–07; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. AB–55 (Sub–No. 672X)] 

CSX Transportation, Inc.—

Abandonment Exemption—in Manatee 

County, FL 

CSX Transportation, Inc. (CSXT) has 

filed a notice of exemption under 49 

CFR part 1152 Subpart F—Exempt 

Abandonments to abandon a 0.66-mile 


jlentini on PROD1PC65 with NOTICES
14862 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Notices 

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as possible 

so that the Board may take appropriate action before 

the exemption’s effective date. 

2Each OFA must be accompanied by the filing 

fee, which is currently set at $1,300. See 49 CFR 

1002.2(f)(25). 

line of railroad on its Southern Region, 

Jacksonville Division, Palmetto 

Subdivision, from milepost SWC 871.0 

to the end of track at milepost 871.66, 

known as the west end of the Parrish 

Spur, City of Palmetto, in Manatee 

County, FL. The line traverses United 

States Postal Service Zip Code 34221. 

CSXT has certified that: (1) No traffic 

has moved over the line for at least 2 

years; (2) any overhead traffic on the 

line can be rerouted over other lines; (3) 

no formal complaint filed by a user of 

rail service on the line (or by a state or 

local government entity acting on behalf 

of such user) regarding cessation of 

service over the line either is pending 

with the Board or with any U.S. District 

Court or has been decided in favor of 

complainant within the 2-year period; 

and (4) the requirements of 49 CFR 

1105.7 (environmental report), 49 CFR 

1105.8 (historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on April 28, 

2007, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by April 9, 

2007. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 18, 2007, 

with the Surface Transportation Board, 

395 E Street, SW., Washington, DC 

20423–0001. 

A copy of any petition filed with the 

Board should be sent to CSXT’s 

representative: Steven C. Armbrust, 

Esq., CSX Transportation, Inc., 500 

Water St., Jacksonville, FL 32202. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio. 

CSXT has filed environmental and 

historic reports which address the 

effects, if any, of the abandonment on 

the environment and historic resources. 

SEA will issue an environmental 

assessment (EA) by April 3, 2007. 

Interested persons may obtain a copy of 

the EA by writing to SEA (Room 1100, 

Surface Transportation Board, 

Washington, DC 20423–0001) or by 

calling SEA, at (202) 245–0305. 

[Assistance for the hearing impaired is 

available through the Federal 

Information Relay Service (FIRS) at 1–

800–877–8339.] Comments on 

environmental and historic preservation 

matters must be filed within 15 days 

after the EA becomes available to the 

public. 

Environmental, historic preservation, 

public use, or trail use/rail banking 

conditions will be imposed, where 

appropriate, in a subsequent decision. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), CSXT shall file a notice of 

consummation with the Board to signify 

that it has exercised the authority 

granted and fully abandoned the line. If 

consummation has not been effected by 

CSXT’s filing of a notice of 

consummation by March 29, 2008, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at 

WWW.STB.DOT.GOV. 

Decided: March 20, 2007. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E7–5472 Filed 3–28–07; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Credit for Renewable Electricity 

Production, Refined Coal Production, 

and Indian Coal Production, and 

Publication of Inflation Adjustment 

Factors and Reference Prices for 

Calendar Year 2007 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Publication of inflation 

adjustment factors and reference prices 

for calendar year 2007 as required by 

section 45(e)(2)(A) of the Internal 

Revenue Code (26 U.S.C. 45(e)(2)(A)), 

section 45(e)(8)(C) (26 U.S.C. 

45(e)(8)(C)), and section 45(e)(10)(C) (26 

U.S.C. 45(e)(10)(C)). 

SUMMARY: The 2007 inflation adjustment 

factors and reference prices are used in 

determining the availability of the credit 

for renewable electricity production, 

refined coal production, and Indian coal 

production under section 45. 

DATES: The 2007 inflation adjustment 

factors and reference prices apply to 

calendar year 2007 sales of kilowatt 

hours of electricity produced in the 

United States or a possession thereof 

from qualified energy resources, and to 

2007 sales of refined coal and Indian 

coal produced in the United States or a 

possession thereof. 

Inflation Adjustment Factors: The 

inflation adjustment factor for calendar 

year 2007 for qualified energy resources 

and refined coal is 1.3433. The inflation 

adjustment factor for Indian coal is 

1.0293. 

Reference Prices: The reference price 

for calendar year 2007 for facilities 

producing electricity from wind is 3.29 

cents per kilowatt hour. The reference 

prices for fuel used as feedstock within 

the meaning of section 45(c)(7)(A) 

(relating to refined coal production) are 

$31.90 per ton for calendar year 2002 

and $48.35 per ton for calendar year 

2007. The reference prices for facilities 

producing electricity from closed-loop 

biomass, open-loop biomass, geothermal 

energy, solar energy, small irrigation 

power, municipal solid waste, and 

qualified hydropower production have 

not been determined for calendar year 

2007. The IRS is exploring methods of 

determining those reference prices for 

calendar year 2008. 

Because the 2007 reference price for 

electricity produced from wind does not 

exceed 8 cents multiplied by the 

inflation adjustment factor, the phaseout 

of the credit provided in section 45(b)(1) 

does not apply to such electricity sold 

during calendar year 2007. Because the 

2007 reference price of fuel used as 

feedstock for refined coal does not 

exceed the $31.90 reference price of 

such fuel in 2002 multiplied by the 

inflation adjustment factor and 1.7, the 

phaseout of credit provided in section 

45(e)(8)(B) does not apply to refined 

coal sold during calendar year 2007. 

Further, for electricity produced from 

closed-loop biomass, open-loop 

biomass, geothermal energy, solar 

energy, small irrigation power, 

municipal solid waste, and qualified 

hydropower production, the phaseout of 

credit provided in section 45(b)(1) does 

not apply to such electricity sold during 

calendar year 2007. 


jlentini on PROD1PC65 with NOTICES