14840 Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 

with right-of-way and grading to 

accommodate future widening, if 

justified. The project would require 

channelization lanes in some locations 

and would be constructed to 

accommodate six-lanes in response to 

the channelization need. The Existing 

Alignment Alternative has been selected 

as the Preferred Alternative and the 

Least Environmentally Damaging 

Practicable Alternative (LEDPA). The 

FHWA project reference number is 

FHWA–CA–EIS–07–01–F. The actions 

by the Federal agencies, and the laws 

under which such actions were taken, 

are described in the Final 

Environmental Impact Statement (FEIS) 

for the project, approved on November 

26, 2008, in the FHWA Record of 

Decision (ROD) issued on March 3, 

2009, and in other documents in the 

FHWA project records. The FEIS, ROD, 

and other project records are available 

by contacting Caltrans at the addresses 

provided above. The Caltrans FEIS and 

ROD can be viewed and downloaded 

from the project Web site at http:// 

www.keepsandiegomoving.com/sr76.html. Pending federal actions 

include: 

• 401 Water Quality Certification 

from the Regional Water Quality Control 

Board, under Section 401 of the Clean 

Water Act. 

• 404 Permit pursuant to the 

Memorandum of Understanding Among 

the FHWA; Caltrans, USACE, U.S. Fish 

and Wildlife Service and the National 

Marine Fisheries Service for the 

National Environmental Policy Act and 

the Clean Water Act Section 404 

Integration Process for Federal Aid 

Surface Transportation Projects in 

California (NEPA/404 MOU). 

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. Council on Environmental Quality 

regulations; 

2. National Environmental Policy Act 

(NEPA); 

3. Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU); 

4. Department of Transportation Act 

of 1966; 

5. Federal Aid Highway Act of 1970; 

6. Clean Air Act Amendments of 

1990; 

7. Clean Water Act of 1977 and 1987; 

8. Endangered Species Act of 1973; 

9. Migratory Bird Treaty Act; 

10. Farmland Protection Policy Act of 

1981; 

11. Title VI of the Civil Rights Act of 

1964; 

12. Uniform Relocation Assistance 

and Real Property Acquisition Act of 

1970; 

13. National Historic Preservation Act 

of 1966; 

14. Historic Sites Act of 1935; 

15. Executive Order 11990, Protection 

of Wetlands; 

16. Executive Order 13112, Invasive 

Species; 

17. Executive Order 11988, 

Floodplain Management; and, 

18. Executive Order 12898, 

Environmental Justice. 

(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: March 25, 2009. 

Cindy Vigue, 

Director, State Programs, Federal Highway 

Administration, Sacramento, California. 

[FR Doc. E9–7278 Filed 3–31–09; 8:45 am] 

BILLING CODE 4910–RY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice of Informational Filing To Test 

a Processor-Based Signal and Train 

Control System and a Request for 

Waiver of Compliance 

In accordance with Part 211 of Title 

49 of the Code of Federal Regulations 

(CFR), notice is hereby given that the 

Federal Railroad Administration (FRA) 

received a request for a waiver of 

compliance from certain requirements 

of its Federal railroad safety regulations. 

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. 

CSX Transportation, Inc. 

(Docket Number FRA–2006–25057) 

On June 11, 2007, FRA authorized 

CSX Transportation, Inc. (CSXT) to 

conduct limited field testing of its 

Communications Based Train 

Management (CBTM) system. CBTM is a 

non-vital safety-critical overlay 

designed to supplement the existing 

method of operation to protect against 

the consequence of human error. As part 

of this authorization, FRA granted CSXT 

temporary conditional relief from 

certain requirements of the Federal 

railroad safety regulations, including 

specific sections of the following Parts 

of Title 49 of the CFR: 216 (Special 

notice and emergency order procedures: 

Railroad track, locomotive and 

equipment), 217 (Railroad operating 

rules), 218 (Railroad operating 

practices), 229 (Railroad locomotive 

safety standards), 233 (Signal systems 

reporting requirements), 235 

(Instructions governing applications for 

approval or a discontinuance or material 

modification of a signal system or relief 

from the requirements of part 236), 236 

(Rules, standards, and instructions 

governing the installation, inspection, 

maintenance, and repair of signal and 

train control systems, devices, and 

appliances), and 240 (Qualification and 

certification of locomotive engineers). 

Details of the exact relief granted are 

found in FRA’s June 11, 2007, letter 

(document number FRA–2006–25057– 

0008). 

The CBTM test territory authorized 

was 144.9 miles of CSXT trackage on the 

Blue Ridge Subdivision of the 

Huntington Division West, and 128.1 

miles of CSXT trackage on two 

subdivisions, the Spartanburg and 

McCormick subdivisions of the Florence 

Division. 

In association with the continued 

development and implementation 

testing of the CBTM system, by letter 

dated August 13, 2008, CSXT submitted 

an amended informational filing and 

waiver petition seeking to modify the 

terms of FRA’s June 11, 2007, approval. 

In its August 13, 2008, waiver petition, 

CSXT asserts that because of increased 

traffic in the approved test territories, 

recent signal system upgrades have been 

completed that limit its ability to 

properly conduct CBTM fields tests in 

the previously approved territory. 

Accordingly, CSXT requests that FRA 

amend its original approval and waiver 

to apply to new test territories on the 

railroad’s Aberdeen and Andrews’s 

subdivisions. Specifically, CSXT 

requests authority to test its CBTM 

system consistent with the conditions 

outlined in FRA’s June 11, 2007, 

approval on 86.9 miles of CSXT trackage 

on the Aberdeen subdivision and 156.6 

miles of CSXT trackage on the Andrews 

subdivision. Both the Aberdeen and 

Andrews subdivision are part of CSXT’s 

Florence Division. 

For information purposes only, FRA 

is also providing notice that pursuant to 

49 CFR 236.913(j), CSXT has submitted 

an amended informational filing 

pertaining to enhancements that have 

been made to the CBTM system. FRA 

will accept comments on the amended 

informational filing only as far as that 

document requires waivers from 

regulatory requirements. 

Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices 14841 

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 (FRA–2006– 

25057) 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 30 

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 March 26, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–7249 Filed 3–31–09; 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) received 

a request for a waiver of compliance 

with 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. 

New River Railway Company (Docket 

Number FRA–2009–0005) 

The New River Railway Company 

(NR) of Devonia, Tennessee, has 

petitioned for a permanent waiver of 

compliance for one locomotive (SOU 

520) and two rail passenger coaches (NR 

290 and NR 808) from the requirements 

of the Railroad Safety Glazing 

Standards, Title 49 CFR Part 223, which 

require certified glazing in all windows. 

The locomotive, as well as the two 

coaches, are in good condition with no 

defective glass. 

NR operates between Huntsville and 

Devonia, Tennessee, a distance of 

approximately 32 miles, only on 

Saturday and Sunday. The territory is 

farm land, dense woodland and tall hills 

following NR. The operating speed is 

between 10 and 15 miles per hour (mph) 

and slowed down to 5 mph at times for 

passengers to view certain scenery. NR 

states that there is no history of 

vandalism involving their operations. 

NR also states that no one makes the 

safety glazing for the subject locomotive 

and the coaches because of the age of 

the equipment, and that to have the 

glazing specially made to FRA 

specifications for this equipment could 

cost more than the equipment would be 

worth to start with. 

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– 

0005) 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 March 26, 

2009 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–7251 Filed 3–31–09; 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) received 

a request for a waiver of compliance 

with 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.