23776 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

b. By hand delivery to U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 a.m. to 5 p.m. 

except Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

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.). DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

You may view documents submitted 

to a docket at the address and times 

given above. You may also view the 

documents on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets available at that Web site. 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Comment closing date: June 19, 2009. 

Authority: 49 U.S.C. 30118, 30120: 

Delegations of authority at CFR 1.50 and 

501.8. 

Issued on: May 14, 2009. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. E9–11720 Filed 5–19–09; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket Number: FTA–2009–0009] 

Notice of Availability of Proposed 

Guidance for New Starts/Small Starts 

Policies and Procedures and Request 

for Comments 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of availability and 

request for comments. 

SUMMARY: This notice announces the 

availability of, and requests comments 

on, the Federal Transit Administration’s 

(FTA) Proposed Guidance on New 

Starts/Small Starts Policies and 

Procedures. The proposed guidance 

presents weights to be assigned for the 

six project justification criteria for New 

Starts and the three project justification 

criteria for Small Starts in the project 

evaluation process. FTA also proposes a 

process to ensure that the impacts of 

tunnels are considered in project 

evaluation. 

DATES: Comments on the Proposed 

Guidance on New Starts/Small Starts 

Policies and Procedures must be 

received by June 19, 2009. Late filed 

comments will be considered to the 

extent practicable. 

ADDRESSES: You may submit comments 

[identified by the Docket Number FTA– 

2009–0009] by any of the following 

methods: 

Web site: http://regulations.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

Fax: 202–493–2251. 

Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Ave., SE., 

Washington, DC 20590. 

Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Ave., SE., 

Washington, DC 20590, between 8:30 

a.m. and 5 p.m., Monday through 

Friday, except Federal Holidays. 

Instructions: You must include the 

agency name (Federal Transit 

Administration) and the docket number 

(FTA–2009–0009). You should submit 

two copies of your comments if you 

submit them by mail. If you wish to 

receive confirmation that FTA received 

your comments, you must include a 

self-addressed stamped postcard. Note 

that all comments received will be 

posted without change to the Federal 

government Web site located at http:// 

regulations.gov. This means that if your 

comment includes any personal 

identifying information, such 

information will be made available to 

users of Web site. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Day, Office of Planning and 

Environment, telephone (202) 366–5159 

and Christopher Van Wyk, Office of 

Chief Counsel, telephone (202) 366– 

1733. FTA is located at 1200 New Jersey 

Ave., SE., East Building, Washington, 

DC 20590. Office hours are from 8:30 

a.m. to 5 p.m., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: The 

proposed changes described in the 

policy guidance made available by this 

notice have been necessitated by the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act—A Legacy 

for Users (SAFETEA–LU) Technical 

Corrections Act of 2008 (Pub. L. 110– 

244), which amends 49 U.S.C. 5309. The 

Act specifies that each of the project 

justification criteria for proposed New 

Starts and Small Starts projects should 

be given ‘‘comparable, but not 

necessarily equal, numerical weight 

* * * in calculating the overall project 

rating.’’ The guidance proposes to set 

the weights at 20 percent each for the 

mobility, cost-effectiveness, land use, 

and economic development criteria, and 

10 percent each for the operating 

efficiencies and environmental benefits 

criteria for New Starts projects. Each of 

the three project justification criteria for 

Small Starts (land use, economic 

development and cost-effectiveness) 

would be set at a third each. 

The Act further states that the 

Secretary of Transportation shall 

analyze, evaluate, and consider the 

congestion relief, improved mobility, 

and other benefits of tunnels in transit 

projects that include a transit tunnel, as 

well as the associated ancillary and 

mitigation costs necessary to relieve 

congestion, improve mobility, and 

decrease air and noise pollution in those 

projects that do not include a tunnel but 

where a transit tunnel was one of the 

alternatives analyzed. FTA proposes to 

require that project sponsors develop 

and consider such information during 

alternative analysis studies. FTA will 

ensure that such information has been 

addressed as part of the FTA review of 

project applications for entry into 

preliminary engineering. 

FTA will respond to comments 

received on the proposed guidance in a 

second Federal Register notice to be 

published after the close of the 

comment period. That notice will 

describe any changes made to the 

weights for project justification criteria 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23777 

1Caltrans MOU between FHWA and Caltrans 

available at: http://environment.fhwa.dot.gov/ 

strmlng/safe_cdot_pilot.asp. 

and to the process for consideration of 

tunnel alternatives in response to 

comments received. 

FTA requests comments on the policy 

guidance, which is available in DOT’s 

electronic docket at http:// 

regulations.gov and on FTA’s Web site 

at http://www.fta.dot.gov/planning/ 

newstarts/ 

planning_environment_5615.html. 

Issued this May 14, 2009, in Washington, 

DC. 

Matthew J. Welbes, 

Acting Deputy Administrator. 

[FR Doc. E9–11718 Filed 5–19–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2009–0051] 

Surface Transportation Project 

Delivery Pilot Program; Caltrans Audit 

Report 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice; request for comment. 

SUMMARY: Section 6005 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) established the 

Surface Transportation Project Delivery 

Pilot Program, codified at 23 U.S.C. 327. 

To ensure compliance by each State 

participating in the Pilot Program, 23 

U.S.C. 327(g) mandates semiannual 

audits during each of the first 2 years of 

State participation. This notice 

announces and solicits comments on the 

third audit report for the California 

Department of Transportation (Caltrans). 

DATES: Comments must be received on 

or before June 19, 2009. 

ADDRESSES: Mail or hand deliver 

comments to Docket Management 

Facility: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590. You may also 

submit comments electronically at 

http://www.regulations.gov, or fax 

comments to (202) 493–2251. 

All comments should include the 

docket number that appears in the 

heading of this document. All 

comments received will be available for 

examination and copying at the above 

address from 9 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. Those desiring notification of 

receipt of comments must include a selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments in 

any one of our dockets by the name of 

the individual submitting the comment 

(or signing the comment, if submitted 

on behalf of an association, business, or 

labor union). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (Volume 65, Number 70, Pages 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ruth Rentch, Office of Project 

Development and Environmental 

Review, (202)–366–2034, 

Ruth.Rentch@dot.gov, or Mr. Michael 

Harkins, Office of the Chief Counsel, 

(202) 366–4928, 

Michael.Harkins@dot.gov, Federal 

Highway Administration, Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

Office hours are from 7:45 a.m. to 4:15 

p.m., e.t., Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this notice may 

be downloaded from the Office of the 

Federal Register’s home page at http:// 

www.archives.gov and the Government 

Printing Office’s Web site at http:// 

www.access.gpo.gov. 

Background 

Section 6005 of SAFETEA–LU 

(codified at 23 U.S.C. 327) established a 

pilot program to allow up to five States 

to assume the Secretary of 

Transportation’s responsibilities for 

environmental review, consultation, or 

other actions under any Federal 

environmental law pertaining to the 

review or approval of highway projects. 

In order to be selected for the pilot 

program, a State must submit an 

application to the Secretary. 

On June 29, 2007, Caltrans and FHWA 

entered into a Memorandum of 

Understanding (MOU) that established 

the assignments to and assumptions of 

responsibility to Caltrans. Under the 

MOU, Caltrans assumed the majority of 

FHWA’s responsibilities under the 

National Environmental Policy Act, as 

well as the FHWA’s responsibilities 

under other Federal environmental laws 

for most highway projects in California. 

To ensure compliance by each State 

participating in the Pilot Program, 23 

U.S.C. 327(g) requires the Secretary to 

conduct semiannual audits during each 

of the first 2 years of State participation; 

and annual audits during each 

subsequent year of State participation. 

The results of each audit must be 

presented in the form of an audit report 

and be made available for public 

comment. This notice announces the 

availability of the third audit report for 

Caltrans and solicits public comment on 

same. 

Authority: Section 6005 of Pub. L. 109–59; 

23 U.S.C. 315 and 327; 49 CFR 1.48. 

Issued on May 11, 2009. 

Jeffrey F. Paniati, 

Acting Deputy Federal Highway 

Administrator. 

Surface Transportation Project Delivery 

Pilot Program; Federal Highway 

Administration Audit of California 

Department of Transportation; January 

26–30, 2009 

Introduction 

Overall Audit Opinion 

Based on the information reviewed, it 

is the Federal Highway Administration 

(FHWA) audit team’s opinion that as of 

January 30, 2009, the California 

Department of Transportation (Caltrans) 

continued to work toward meeting all 

responsibilities assumed under the 

Surface Transportation Project Delivery 

Pilot Program (Pilot Program), as 

specified in the Memorandum of 

Understanding (MOU) 1 with FHWA 

and in the Caltrans Application for 

Assumption (Application). 

With the completion of FHWA’s third 

audit, the audit team has completed 

onsite audits of the majority of the 

Caltrans Districts. The audit team 

identified significant differences across 

the Districts in terms of the Pilot 

Program: resource availability and 

allocation, details of implementation, 

processes, and improvement and 

progress toward meeting all 

commitments. The highly decentralized 

nature of Caltrans operations is a major 

contributing factor to the variation 

observed. The decentralized nature of 

the organization necessitates clear, 

consistent and ongoing oversight by 

Caltrans Headquarters over District 

operations. A robust oversight program 

will help foster the exchange of 

information and the sharing of best 

practices and resources between 

Districts and will put the entire 

organization in a better position to more 

fully implement all assumed 

responsibilities and meeting all Pilot 

Program commitments. 

Due to the multiyear timeframes 

associated with more complex and 

controversial projects, the full lifecycle 

of project development (beginning with 

environmental studies and concluding