56206 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices 

acres of former TVA land on 

Chickamauga Reservoir in Hamilton 

County, Tennessee, Tract No. XCR–53, 

S.1X, to allow residential development 

on 18 acres of said tract and prohibit 

development (other than roads and 

infrastructure) upon the remaining 75 

acres of the tract. 

E5. Modification of certain deed 

restrictions affecting approximately 16.8 

acres of former TVA land on Melton Hill 

Reservoir in Anderson County, 

Tennessee, Tract No. XMHR–49, S.1X, 

to allow the city of Clinton, Tennessee, 

to develop a sports complex on the 

property and approval of a land use 

allocation change to the Melton Hill 

Reservoir Land Management Plan to 

reallocate a .9-acre portion of this tract 

from industrial development to 

recreational development. 

F—Other 

F1. Approval to file condemnation 

cases to acquire easements and rights-ofway for transmission line projects 

affecting the Richard City—Scottsboro 

Transmission Line in Jackson County, 

Alabama. 

C—Energy 

C1. Delegation of authority to the 

Executive Vice President, Fossil Power 

Group, to enter into a term contract with 

Canal Barge Company Inc. for barge 

transportation of coal to Colbert and 

Johnsonville Fossil Plants. 

Information Items 

1. Approval of Board member 

participation in Board meetings by 

telephone or other means due to 

incapacity for the period beginning 

September 12, 2005, and extending 

through December 31, 2005. 

2. Approval of a plan to match cash 

or check contributions by employees or 

retirees through the CFC to Hurricane 

Katrina relief organizations for the 

period September 2–16, 2005. 

3. Approval of temporary policy 

revisions related to distributors who 

have given notice of contract 

termination. 

4. Approval of changes to the risk 

management structure at TVA. 

5. Approval of delegation of authority 

to the Director, TVA Police, to designate 

TVA employees as law enforcement 

officers for an interim period 

commencing on August 22, 2005, and 

ending December 31, 2005. 

6. Approval of a contract with Blue 

Cross Blue Shield of Tennessee for 

dental benefit services. 

7. Approval of the sale at public 

auction of the Aquatic Biology Lab 

Buildings, affecting approximately 3.2 

acres, Tract No. XNR–911, and an 

associated utility easement, Tract No. 

XNR–912E, in Norris, Tennessee. 

8. Approval to enter into a contract 

with Staples Business Advantage for 

office supplies, equipment, and forms 

management services. 

9. Approval of the sale at public 

auction of leasehold interests to the 

Public Power Institute building and of 

approximately 1.9 acres of associated 

land on TVA’s Muscle Shoals 

Reservation in Colbert County, 

Alabama, Tract No. X2NPT–21. 

10. Approval of modifications to 

grants of easements affecting 52 acres of 

land on the Wilson Dam Reservation in 

Lauderdale County, Alabama, to 

facilitate the construction and operation 

of a public park and an adjacent hotel/ 

convention center complex, Tract Nos. 

XWDNC–1E, XTWDNC–1RE, and 

XWDR–9E. 

11. Approval of abandonment of 

certain transmission line easement 

rights affecting approximately 1.43 

acres, Tract Nos. BWG–5 and BWG–6, 

contingent upon Blue Ridge Mountain 

EMC providing transmission line 

easement rights satisfactory to TVA 

affecting approximately 2.07 acres of 

land, Tract No. BWG–5A, all in Union 

County, Georgia. 

12. Approval of a membership 

appointment of Don Gowan to the 

Regional Resource Stewardship Council. 

13. Approval of TVA’s contribution to 

the TVA Retirement System for Fiscal 

Year 2006. 

14. Approval of the 2005 edition of 

the Transmission Service Guidelines. 

For more information: Please call 

TVA Media Relations at (865) 632–6000, 

Knoxville, Tennessee. Information is 

also available at TVA’s Washington 

Office (202) 898–2999. People who plan 

to attend the meeting and have special 

needs should call (865) 632–6000. 

Anyone who wishes to comment on any 

of the agenda in writing may send their 

comments to: TVA Board of Directors, 

Board Agenda Comments, 400 West 

Summit Hill Drive, Knoxville, 

Tennessee 37902. 

Dated: September 21, 2005. 

Maureen H. Dunn, 

General Counsel and Secretary. 

[FR Doc. 05–19231 Filed 9–22–05; 3:29 pm] 

BILLING CODE 8120–08–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. 

The Rarus Railway Company 

[Waiver Petition Docket Number FRA–2005–

22131] 

The Rarus Railway Company (RAR), 

seeks a waiver of compliance from 

certain provisions of the Safety Glazing 

Standards, 49 CFR 223, that requires 

certified glazing for two passenger cars, 

RARW 802 and RARW 805. The RAR is 

located in Anaconda, Montana. The 

RAR states they operate as a seasonal 

excursion train and will not operate as 

a commuter railroad. The cars will 

operate in a rural area over 

approximately 26 miles of track at a 

speed not exceeding 25 miles per hour. 

The RAR states that the cost of 

retrofitting a total of 58 windows for 

each car to accept FRA safety glazing 

will be cost prohibitive with 

consideration given to the type of 

operation the RAR performs. 

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 2005–22131) 

and must be submitted to the Docket 

Clerk, DOT Docket Management 

Facility, Room PL–401 (Plaza Level), 

400 7th Street, SW., Washington, DC 

20590. 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://dms.dot.gov. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Notices 56207 

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). The 

Statement may also be found at http:// 

dms.dot.gov. 

Issued in Washington, DC on September 

19, 2005. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. 05–19093 Filed 9–23–05; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

Notice Publishing Substantive Criteria 

for Evaluation of Applications under 

the Railroad Rehabilitation and 

Improvement Financing Program 

(RRIF) 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of Evaluation Criteria for 

RRIF Program. 

SUMMARY: FRA is publishing this notice 

in response to Congressional direction 

contained in section 9003(j) of the 

recently enacted Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

requesting the agency to identify the 

substantive criteria and standards used 

by the DOT/FRA to determine whether 

to approve or disapprove applications 

submitted under the RRIF Program. This 

information is being provided by 

publication in the Federal Register and 

posting on the DOT/FRA website, as 

required by the statute. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Pomponio, Director, Office of 

Freight Programs, Federal Railroad 

Administration, U.S. Department of 

Transportation, 1120 Vermont Avenue, 

NW., Washington, DC 20590. 

Telephone: 202–493–6051, e-mail: 

Joseph.Pomponio@fra.dot.gov. Cynthia 

Walters, Attorney, Office of Chief 

Counsel, Federal Railroad 

Administration, U.S. Department of 

Transportation, 1120 Vermont Avenue, 

NW., Washington, DC 20590. 

Telelphone 202–493–6064, e-mail: 

Cynthia.Walters@fra.dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Congress recently amended sections 

502 and 503 of the Railroad 

Revitalization and Regulatory Reform 

Act of 1976 (45 U.S.C. 821 et seq.), in 

SAFETEA–LU (Pub. L. 109–59). These 

amendments address DOT’s RRIF 

program, which authorizes the Secretary 

of Transportation (Secretary) to disburse 

money through direct loans and loan 

guarantees to various entities. RRIF 

loans and loan guarantees are used to 

acquire, improve or rehabilitate 

intermodal or rail equipment and 

facilities, refinance debt that was 

undertaken for such purposes, or to 

develop or establish new rail or 

intermodal facilities. The SAFETEA–LU 

amendments expand the total available 

program obligations from $3.5 billion to 

$35 billion and make several other 

program changes. The Secretary’s 

authority to administer this program has 

been delegated to the Administrator of 

FRA (49 CFR sections 1.49(t) and 260.1, 

Program Authority). 

In addition to the RRIF program 

changes, SAFETEA–LU requires the 

Department, within thirty days after 

enactment of the statute, to publish in 

the Federal Register and post on the 

Department’s Web site the substantive 

criteria and standards used by the 

Secretary to determine whether 

applications will be approved or 

disapproved for RRIF loans. The 

substantive criteria responsive to the 

request of Congress are the subject of 

this notice and are described below. 

FRA’s Substantive Criteria for 

Evaluation of RRIF Applications 

FRA is providing the criteria and 

standards used to determine whether to 

approve or disapprove an application 

submitted under section 502 of the 

Railroad Revitalization and Regulatory 

Reform Act of 1976. These criteria are 

drawn from the legislation authorizing 

the RRIF program (45 U.S.C. 821 et seq.) 

and program implementing regulations 

(49 CFR part 260). The words used 

below to describe the criteria differ from 

the statute and the regulations only for 

purposes of brevity. This notice does 

not contain any new criteria or impose 

any new legal requirements or have any 

legal effect other than to satisfy the 

mandate from Congress to issue this 

notice. Determinations are made based 

on the following criteria and standards, 

as more fully set forth in the statute or 

the regulations, evaluated individually 

and considered collectively. 

• The statutory eligibility of the 

applicant and the project ( 49 CFR 

260.3, definition of applicant and 49 

CFR 260.5, eligible purposes); 

• The creditworthiness of the project, 

including the present and probable 

demand for rail services and a 

reasonable likelihood that the loan will 

be repaid on a timely basis. (49 CFR part 

260, Subpart B–FRA policies and 

procedures for Evaluating Applications 

for Financial Assistance) 

• The extent to which the project will 

enhance safety. (49 CFR 260.7(a)) 

• The significance of the project on a 

local, regional, or national level in terms 

of generating economic benefits and 

improving the railroad transportation 

system. (49 CFR 260.7(c)) 

• The improvement to the 

environment that is expected to result 

directly or indirectly by the 

implementation of the project. (49 CFR 

260.7(b)) and 

• The improvement in service or 

capacity in the railroad transportation 

system or the reduction in service-or 

capacity-related problems that is 

expected to result directly or indirectly 

from the implementation of the project 

(45 U.S.C. 822(c)) 

Issued in Washington, DC on September 

19, 2005. 

Joseph H. Boardman, 

Federal Railroad Administrator. 

[FR Doc. 05–19094 Filed 9–23–05; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2005–21859; Notice 2] 

Toyota Motor North America, Inc., 

Denial of Petition for Decision of 

Inconsequential Noncompliance 

Toyota Motor North America (Toyota) 

has determined that certain model year 

2003 through 2005 vehicles that it 

produced do not comply with S5(c)(2) 

of 49 CFR 571.225, Federal Motor 

Vehicle Safety Standard (FMVSS) No. 

225, ‘‘Child restraint anchorage 

systems.’’ Pursuant to 49 U.S.C. 

30118(d) and 30120(h), Toyota has 

petitioned for a determination that this 

noncompliance is inconsequential to 

motor vehicle safety and has filed an 

appropriate report pursuant to 49 CFR 

Part 573, ‘‘Defect and Noncompliance 

Reports.’’ Notice of receipt of the 

petition was published, with a 30 day 

comment period, on July 19, 2005 in the 

Federal Register (70 FR 41476). NHTSA 

received one comment, from Advocates 

for Highway and Auto Safety 

(Advocates). 

Affected are a total of approximately 

156,555 model year 2003 to 2005 Toyota