9018 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 

DEPARTMENT OF STATE 

[Public Notice 6534] 

Culturally Significant Objects Imported 

for Exhibition Determinations: ‘‘The 

Birth of Christianity: A Jewish Story’’ 

AGENCY: Department of State. 

ACTION: Notice; correction. 

SUMMARY: On November 25, 2008, notice 

was published on page 71714 of the 

Federal Register (volume 73, number 

228) of determinations made by the 

Department of State pertaining to the 

exhibition ‘‘The Birth of Christianity: A 

Jewish Story.’’ The referenced notice is 

corrected as to an additional object to be 

included in the exhibition. Notice is 

hereby given of the following 

determinations: Pursuant to the 

authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236 of October 19, 1999, as 

amended, and Delegation of Authority 

No. 257 of April 15, 2003 [68 FR 19875], 

I hereby determine that the additional 

object in the exhibition: ‘‘The Birth of 

Christianity: A Jewish Story,’’ imported 

from abroad for temporary exhibition 

within the United States, is of cultural 

significance. The object is imported 

pursuant to a loan agreement with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the additional exhibit object at the 

Houston Museum of Natural Science, 

Houston, TX, from on or about March 1, 

2009, until on or about April 12, 2009, 

and at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. Public Notice of these 

Determinations is ordered to be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit object, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–453–8050). The 

address is U.S. Department of State, SA– 

44, 301 4th Street, SW., Room 700, 

Washington, DC 20547–0001. 

Dated: February 20, 2009. 

C. Miller Crouch, 

Acting Assistant Secretary for Educational 

and Cultural Affairs, Department of State. 

[FR Doc. E9–4250 Filed 2–26–09; 8:45 am] 

BILLING CODE 4710–05–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. 

Maryland Department of 

Transportation 

[Waiver Petition Docket Number FRA–2009– 

0010] 

The Maryland Department of 

Transportation (MTA) seeks a 

permanent waiver of compliance from 

49 CFR 213.245 Vehicle Qualification 

Testing, as part of its recent purchase of 

new model MP36PH–3C locomotives for 

operation by its MARC train service on 

the National Passenger Railroad 

Corporation’s (Amtrak) Northeast 

Corridor (NEC) at 100 miles per hour 

(mph) and three inches cant deficiency. 

MTA would like the FRA to allow 

qualification of these locomotives to 

occur without using the instrumented 

wheel-sets (IWS) test specified in 

§ 213.245. MTA has stated that this test 

is costly and not economically justified, 

given the long service history of the 

same truck that is currently in operation 

with similar locomotives. MTA further 

explains that the truck used on the 

MP36PH–3C locomotive has an 

extensive history of service on the 

Amtrak NEC with MARC GP39 and 

GP40 locomotives, and have been 

successfully tested to 110 mph. 

MP36PH–3C’s are used by Caltrain, 

MRCOG, UTA, and SCRRA, although 

not at FRA Class 6 speeds. MTA argues 

that the MP36PH–3C locomotive has 

similar carbody, weight, truck 

assemblies, and wheel profile as the GO 

Transit (Toronto) MP40PH–3C 

locomotive, which has been 

successfully tested at the Transportation 

Technology Center, Inc (TTCI) for safe 

operation up to 103 mph. The MP40PH– 

3C was approved by Transport Canada 

and Canadian National Railroad (CN). 

An important factor here is that in lieu 

of IWS, TTCI measured wheel/rail 

forces estimated by NUCARS 

simulations modeling software and by 

using wayside measuring systems such 

as strain gauges on instrumented rails. 

MTA proposes to qualify these 

locomotives on the Amtrak NEC at 

speeds up to 112 mph by monitoring 

truck frame lateral accelerations at 

positions above each of the four axles; 

and both vertical and lateral 

accelerations of the carbody on the cab 

floor and on the floor at the rear end of 

the locomotive. These will be evaluated 

against the 49 CFR 213.333 Vehicle 

Track Interaction Limits. MTA will have 

NUCARS simulations performed by 

TTCI for the specific parameters to 

evaluate wheel-rail forces for speeds 

and track geometry of the MARC route 

over the Amtrak NEC. 

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– 

0010) 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 


rwilkins on PROD1PC63 with NOTICES2
Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 9019 

1A redacted version of the proposed trackage 

rights agreement between UP and WSOR was filed 

with the notice of exemption. The full version of 

the draft agreement was concurrently filed under 

seal along with a motion for protective. The motion 

is being addressed in a separate decision. As 

required by 49 CFR 1180.6(a)(7)(ii), the parties must 

filed a copy of the executed agreement within 10 

days of the date the agreement is executed. 

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 February 23, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–4207 Filed 2–26–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2009–0010] 

Requested Administrative Waiver of 

the Coastwise Trade Laws 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Invitation for public comments 

on a requested administrative waiver of 

the Coastwise Trade Laws for the vessel 

WINDSONG. 

SUMMARY: As authorized by 46 U.S.C. 

12121, the Secretary of Transportation, 

as represented by the Maritime 

Administration (MARAD), is authorized 

to grant waivers of the U.S.-build 

requirement of the coastwise laws under 

certain circumstances. A request for 

such a waiver has been received by 

MARAD. The vessel, and a brief 

description of the proposed service, is 

listed below. The complete application 

is given in DOT docket MARAD–2009– 

0010 at http://www.regulations.gov. 

Interested parties may comment on the 

effect this action may have on U.S. 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

March 30, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0010. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel WINDSONG is: 

Intended Use: ‘‘Sailing instruction 

and pleasure charter.’’ 

Geographic Region: ‘‘MA, CT, NY, NJ, 

DE, MD, VA, NC, SC, GA, FL’’ 

Privacy Act 

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). 

Dated: February 19, 2009. 

By Order of the Maritime Administrator. 

Leonard Sutter, 

Secretary, Maritime Administration. 

[FR Doc. E9–4154 Filed 2–26–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35191] 

Wisconsin & Southern Railroad Co.— 

Trackage Rights Exemption—Union 

Pacific Railroad Company 

Pursuant to a written trackage rights 

agreement, Union Pacific Railroad 

Company (UP) has agreed to grant 

overhead trackage rights to Wisconsin & 

Southern Railroad Co. (WSOR) over a 

line of railroad extending between UP 

milepost 4.0 in Kohler, WI, and UP 

milepost 1.2 at Kohler Junction near 

Sheboygan, WI, a distance of 

approximately 2.8 miles.1

This transaction is related to a 

concurrently filed petition for 

exemption for the acquisition and 

operation of certain other rail lines in 

Wisconsin & Southern Railroad Co.— 

Acquisition and Operation Exemption— 

Union Pacific Railroad Company, STB 

Finance Docket No. 35144. In that 

proceeding, WSOR seeks an exemption 

under 49 U.S.C. 10502 to acquire and 

operate a permanent exclusive freight 

operating easement over 10.95 miles of 

railroad known as the Kohler Industrial 

Lead that is currently owned by UP. 

WSOR states that the State of Wisconsin 

Department of Transportation (WisDot) 

has executed an agreement to purchase 

the right-of-way and railroad assets 

comprising the line from UP, with 

WSOR to acquire the freight easement 

and associated common carrier 

obligation directly from UP. WSOR also 

seeks to acquire and operate 

approximately 1,000 feet of UP spur 

track. WSOR has requested expedited 

action in this proceeding. 

This transaction is also related to a 

concurrently filed petition for 

declaratory order in Wisconsin 

Department of Transportation—Petition 

for Declaratory Order—Rail Line in 

Sheboygan County, WI, STB Finance 

Docket No. 35195. In that proceeding, 

WisDot seeks a finding that its 

acquisition of the right-of-way and 

railroad assets will not render it a rail 

common carrier. 

WSOR states that it proposes to 

consummate this transaction on or 

about April 15, 2009. 

The trackage rights agreement will 

allow WSOR to provide rail service to 

the facilities of the Cargill Malt Plant in 

Kohler and to interchange with UP in 

Sheboygan. 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

No. 110–161, § 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

solid waste rail transfer facility: 

collecting, storing, or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting, and shredding). The term 

‘‘solid waste’’ is defined in section 1004 


rwilkins on PROD1PC63 with NOTICES2