18802 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

1Union Pacific Railroad is the successor-ininterest to MP. 

2The NITU governing the rest of the line is not 

at issue here. 

3Port simultaneously filed a petition to vacate the 

NITU issued in Missouri Pacific Railroad Co. 

—Abandonment Exemption—In Muskogee, 

McIntosh and Haskell Counties, OK, Docket No. 

AB–3 (Sub-No. 104X) (ICC served Jan. 6, 1993). The 

petition will be addressed by the Board in a 

separate decision. 

ballast trains to and from the ballast pit 

at Elsey, CA, which is adjacent to the 

UP rail line. The trackage rights are 

temporary in nature and are scheduled 

to expire at midnight on December 31, 

2009. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Ry. Co.—Trackage Rights—BN, 

354 I.C.C. 605 (1978), as modified in 

Mendocino Coast Ry., Inc.—Lease and 

Operate, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If the notice contains false 

or misleading information, the 

exemption is void ab initio. Petitions to 

revoke the exemption under 49 U.S.C. 

10502(d) may be filed at any time. The 

filing of a petition to revoke will not 

automatically stay the effectiveness of 

the exemption. Stay petitions must be 

filed by May 1, 2009 (at least 7 days 

before the exemption becomes 

effective). 

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 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35238, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Karl Morell, 

Of Counsel, Ball Janik LLP, Suite 225, 

1455 F Street, NW., Washington, DC 

20005. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 16, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–9192 Filed 4–23–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Finance Docket No. 35240] 

Muskogee City-County Port 

Authority—Operation Exemption—A 

Line of Railroad in Muskogee County, 

OK 

Muskogee City-County Port Authority 

(the Port), a non-carrier, has filed a 

verified notice of exemption under 49 

CFR 1150.31 to operate a 4.7-mile rail 

line extending from milepost 88.80, at 

or near Davis Field, to milepost 93.50, 

at or near Shopton, in Muskogee 

County, OK. 

On January 6, 1993, a decision and 

notice of interim trail use or 

abandonment (NITU) was served by the 

Board’s predecessor agency, the 

Interstate Commerce Commission, in 

Missouri Pacific Railroad Co. 

—Abandonment Exemption—In 

Muskogee, McIntosh and Haskell 

Counties, OK, Docket No. AB–3 (SubNo. 104X), establishing a 180-day period 

for Missouri Pacific Railroad Company 

(MP) 1 to negotiate an interim trail use/ 

rail banking agreement under the 

National Trails System Act, 16 U.S.C. 

1247(d) for a 43.0-mile rail line 

extending from milepost 93.50, at or 

near Shopton, to milepost 50.50, near 

Kerr McGee, in Muskogee, McIntosh, 

and Haskell Counties, OK. Trail 

negotiations were successful and an 

agreement for rail banking and interim 

trail use was reached in the Line 

Donation Contract (Contract) between 

MP, the Port, and Indian Nations 

Recreation Trail (INRT). Pursuant to that 

agreement, the Port obtained the right to 

use the 4.7-mile segment described 

above for rail banking and interim trail 

use.2 The Port now wishes to reactivate 

service over the 4.7 mile line segment.3

The Port certifies that its projected 

annual revenues as a result of this 

transaction will not result in the Port 

becoming a Class II or Class I rail carrier 

and further certifies that its projected 

annual revenues will not exceed $5 

million. 

The transaction is scheduled to be 

consummated on May 10, 2009, the 

effective date of the exemption (30 days 

after the exemption is filed). 

If the notice contains false or 

misleading information, the exemption 

is void ab initio. Petitions to revoke the 

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

may be filed at any time. The filing of 

a petition to revoke does not 

automatically stay the transaction. 

Petitions for stay must be filed no later 

than May 1, 2009 (at least 7 days before 

the exemption becomes effective). 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35240, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Jeffrey O. 

Moreno, 1920 N Street, NW., Suite 800, 

Washington, DC 20036–1601. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: April 21, 2009. 

By the Board, Rachel D. Campbell, 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–9450 Filed 4–23–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2009–16] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR. 

The purpose of this notice is to improve 

the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before May 14, 2009. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2009–0084 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18803 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility 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. 

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 

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). 

Docket: To read background 

documents or comments received, go to 

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

or to the Docket Management Facility 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: For 

technical questions concerning this 

notice contact Paul Vause (AFS–340), 

Federal Aviation Administration, 

Aircraft Maintenance Division, Repair 

Station Branch, 950 L’Enfant Plaza, SW. 

5th Floor, Washington, DC 20024; 

telephone (202) 385–6441; facsimile 

(202) 385–6474, e-mail 

paul.w.vause@faa.gov. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on April 21, 

2009. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2009–0084. 

Petitioner: Short Brothers plc 

(Bombardier). 

Section of 14 CFR Affected: 14 CFR 

145.103(b) 

Description of Relief Sought: Short 

Brothers plc requests relief from 

requirements to provide suitable 

permanent housing to enclose the 

largest type and model of aircraft it has 

listed on its operation specification. 

[FR Doc. E9–9427 Filed 4–23–09; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL HIGHWAY TRAFFIC 

SAFETY ADMINISTRATION 

[Docket No. NHTSA–2009–0086] 

Technical Report on the Maintenance 

and Repair Expenses to the ABS and 

Underride Guard on Heavy Tractors 

and Trailers 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Request for comments on 

technical report. 

SUMMARY: This notice announces the 

publication by NHTSA of an analysis of 

the costs to repair and maintain the 

Anti-Lock Brake System (ABS) and 

Underride Guard (URG) on heavy 

tractors and trailers. Federal Motor 

Vehicle Safety Standards 121 and 105 

mandate antilock braking systems (ABS) 

on all air-braked vehicles and hydraulicbraked trucks and buses with a GVWR 

of 10,000 pounds or greater. FMVSS 

Nos. 223 and 224 require underride 

guards (URG) meeting a strength test on 

trailers with a GVWR of 10,000 pounds 

or greater. 

DATES: Comments must be received no 

later than August 20, 2009. 

ADDRESSES: Report: The technical report 

is available on the Internet for viewing 

in PDF format at http://wwwnrd.nhtsa.dot.gov/Pubs/811109.PDF. 

You may obtain a copy of the report free 

of charge by sending a self-addressed 

mailing label to Kirk Allen (NVS–431), 

National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Comments: You may submit 

comments [identified by Docket Number 

NHTSA–2009–0086] by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., between 9 am 

and 5 pm Eastern Time, Monday 

through Friday, except Federal holidays. 

You may call Docket Management at 

202–366–9826. 

Instructions: For detailed instructions 

on submitting comments, see the 

Procedural Matters section of this 

document. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Allen, Statistician, Evaluation Division, 

NVS–431, National Center for Statistics 

and Analysis, National Highway Traffic 

Safety Administration, Room W53–457, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. Telephone: 

202–366–9308. E-mail: 

kirk.allen@dot.gov. 

For information about NHTSA’s 

evaluations of the effectiveness of 

existing regulations and programs: Visit 

the NHTSA Web site at http:// 

www.nhtsa.dot.gov and click ‘‘NCSA’’ 

near the upper right corner on the home 

page; then click ‘‘Regulatory 

Evaluation’’ under ‘‘Browse Topics’’ on 

the ‘‘NCSA’’ page. 

SUPPLEMENTARY INFORMATION: Federal 

Motor Vehicle Safety Standards 

mandate antilock braking systems (ABS) 

on heavy vehicles and underride guards 

(URG) on heavy trailers. Repair receipts 

from in-service vehicles were analyzed 

to estimate the maintenance and repair 

expenses to the ABS and URG. The 

average ABS expenses per month of 

operation were $0.85 for tractors and 

$0.25 for trailers. The presence of ABS 

did not increase expenses to other parts 

of the brake system. The estimated 

lifetime maintenance and repair 

expenses were notably smaller than the 

cost of equipping new vehicles with 

ABS. Repairs to the trailer URG 

averaged $0.16 per month of service. 

(All values are in 2007 dollars.) 

Procedural Matters 

How can I influence NHTSA’s thinking 

on this subject? 

NHTSA welcomes public review of 

the technical report. The agency is 

interested in learning of any additional 

data that may be useful in the 

evaluations. The availability of data on 

later model year tractors and trailers is 

especially relevant because ABSequipped vehicles in this analysis could 

have been at most six years old. NHTSA 

will submit to the Docket a response to 

the comments and, if appropriate, will 

supplement or revise the report. 

How do I prepare and submit 

comments? 

Your comments must be written and 

in English. To ensure that your 

comments are correctly filed in the 

Docket, please include the Docket 

number of this document (NHTSA– 

2009–0086) in your comments. 

Your primary comments must not be 

more than 15 pages long (49 CFR 

553.21). However, you may attach 

additional documents to your primary 

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