Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4285 

needs of people with disabilities. 

Stakeholders argue that these types of 

projects do go ‘‘beyond the ADA’’ 

because they represent transportation 

services that are not required under the 

Act or under the U.S. DOT ADA 

implementing regulations. 

Although stakeholders in areas with 

limited public transportation service 

can use New Freedom funds to 

implement new alternatives to public 

transportation, such as accessible taxis, 

travel training, and mobility 

management, many potential recipients 

have informed FTA that their greatest 

need is for new fixed route or demand 

responsive transportation services for 

people with disabilities. 

Proposed FTA Policy 

FTA proposes that new or expanded 

fixed route service and new or 

expanded demand response service 

would be eligible for New Freedom 

funding provided that: 

(1) The service is identified in the 

locally developed, coordinated public 

transit-human services transportation 

plan; 

(2) The service is designed to meet the 

needs of individuals with disabilities; 

(3) The service removes barriers to 

transportation and assists persons with 

disabilities with transportation; 

(4) The service was not operational on 

August 10, 2005, and did not have an 

identified funding source as of August 

10, 2005, as evidenced by inclusion in 

the Transportation Improvement 

Program (TIP) or the State 

Transportation Improvement Program 

(STIP); and 

(5) The service is not designed to 

allow an agency to meet its obligations 

under the ADA or the DOT ADA 

implementing regulations at 49 CFR 

parts 37 and 38. 

This policy change retains the 

existing requirement that services under 

the program be ‘‘new’’ services and 

adopts the interpretation voiced by 

transportation providers that transit 

services other than those that are 

required to be implemented under the 

ADA go ‘‘beyond the ADA.’’ Examples 

of newly eligible projects would be 

fixed route service extended to serve a 

congregate living facility or a workplace 

serving large numbers of individuals 

with disabilities; new or expanded 

demand responsive service, including 

new hours or days of operation, or 

increased geographic coverage, to meet 

the needs of individuals with 

disabilities. FTA encourages transit 

providers to include the general public 

in any service that is added, that is, that 

providers not create new ‘‘silo’’ 

transportation that is limited to 

individuals with disabilities. FTA also 

notes that expanded fixed route service 

may result in expanded ADA 

complementary paratransit service; 

since the ADA complementary 

paratransit service is required under the 

ADA, it would not be eligible for New 

Freedom funding. All new or expanded 

fixed route and demand responsive 

services funded under the New Freedom 

program will be subject to the 

requirements of the ADA and DOT ADA 

implementing regulations. 

Issued in Washington, DC, this 15th day of 

January 2009. 

Severn E.S. Miller, 

Acting Deputy Administrator. 

[FR Doc. E9–1412 Filed 1–22–09; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Applications for Modification 

of Special Permit 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for 

Modification of Special Permit. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. This notice is abbreviated to 

expedite docketing and public notice. 

Because the sections affected, modes of 

transportation, and the nature of 

application have been shown in earlier 

Federal Register publications, they are 

not repeated here. Request of 

modifications of special permits (e.g. to 

provide for additional hazardous 

materials, packaging design changes, 

additional mode of transportation, etc.) 

are described in footnotes to the 

application number. Application 

numbers with the suffix ‘‘M’’ demote a 

modification request. There applications 

have been separated from the new 

application for special permits to 

facilitate processing. 

DATES: Comments must be received on 

or before February 9, 2009. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration U.S. Department of 

Transportation Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington, 

DC or at http://dms.dot.gov. 

This notice of receipt of applications 

for modification of special permit is 

published in accordance with Part 107 

of the Federal hazardous materials 

transportation law (49 U.S.C. 5117(b); 

49 CFR 1.53(b)). 

Issued in Washington, DC, on January 14, 

2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

MODIFICATION SPECIAL PERMIT

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof 

10869–M ..... Norris Cylinder Company, 

Longview, TX.

49 CFR 173.301(b); 

173.302(a)(5); 173.304(a); 

175.3.

To modify the special permit 

to authorize an increase of 

2 inches to the length of the 

cylinder.

11646–M ..... Bioclean System & Supply, 

Inc., Moundsview, MN.

49 CFR 173.28(b)(2); 

173.150(f)(3)(vii).

To modify the special permit 

to authorize an additional 

Class 8 hazardous material 

and an alternative method 

of product transfer.

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4286 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

MODIFICATION SPECIAL PERMIT—Continued 

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permit thereof 

11666–M ..... Alcoa, Inc., Pittsburgh, PA. 49 CFR 173.240(b) ................. To modify the special permit 

to authorize the addition of 

intermodal containers and 

unitizing the electrodes with 

steel banding to wooden 

runners or to wooden pallets.

11818–M ..... Space Systems/Loral, Palo 

Alto, CA.

49 CFR 180.205 ..................... To modify the special permit 

to authorize the transportation in commerce of a 

Class 9 material.

14467–M ..... Brenner Tank, LLC Fond 

Du Lac, WI.

49 CFR 178.345–2 ................. To modify the special permit 

to authorize relief from minimum thickness tables for 

duplex stainless steels used 

in the construction of DOT– 

400 series specification 

cargo tanks.

14649–M ..... Olin Corporation, Winchester Division, East Alton, 

IL.

49 CFR 173.62(b), 172.10 1 

column (8C), 173.60(b)(8), 

172.300 and 172.400.

To modify the special permit 

to authorize an additional 

Division 1.4C hazardous 

material.

[FR Doc. E9–1175 Filed 1–22–09; 8:45 am] 

BILLING CODE 4909–60–M 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

Office of Hazardous Materials Safety; 

Notice of Application for Special 

Permits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: List of Applications for Special 

Permits. 

SUMMARY: In accordance with the 

procedures governing the application 

for, and the processing of, special 

permits from the Department of 

Transportation’s Hazardous Material 

Regulations (49 CFR Part 107, Subpart 

B), notice is hereby given that the Office 

of Hazardous Materials Safety has 

received the application described 

herein. Each mode of transportation for 

which a particular special permit is 

requested is indicated by a number in 

the ’Nature of Application’’ portion of 

the table below as follows: 1—Motor 

vehicle, 2—Rail freight, 3—Cargo vessel, 

4—Cargo aircraft only, 5—Passengercarrying aircraft. 

DATES: Comments must be received on 

or before February 23, 2009. 

Address Comments to: Record Center, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, Washington, DC 20590. 

Comments should refer to the 

application number and be submitted in 

triplicate. If confirmation of receipt of 

comments is desired, include a selfaddressed stamped postcard showing 

the special permit number. 

FOR FURTHER INFORMATION CONTACT: 

Copies of the applications are available 

for inspection in the Records Center, 

East Building, PHH–30, 1200 New 

Jersey Avenue, Southeast, Washington, 

DC or at http://dms.dot.gov. 

This notice of receipt of applications 

for special permit is published in 

accordance with Part 107 of the Federal 

hazardous materials transportation law 

(49 U.S.C. 5117(b); 49 CFR 1.53(b)). 

Issued in Washington, DC, on January 12, 

2009. 

Delmer F. Billings, 

Director, Office of Hazardous Materials, 

Special Permits and Approvals. 

NEW SPECIAL PERMITS

Application 

No. Docket No. Applicant Regulation(s) affected Nature of special permits thereof 

14796–N ...... ........................ Chammas Cutters Inc., 

Houston, TX.

49 CFR 173.228 ............... To authorize the transportation in commerce of nonDOT specification cylinders containing Bromine 

trifluoride. (modes 1, 2, 3, 4, 5) 

14797–N ...... ........................ Department of Energy, 

Washington, DC.

49 CFR 173.416 and 

173.417.

To authorize the continued use of DOT 6M packages 

for the transportation in commerce of radioactive 

materials. (mode 1) 

14798–N ...... ........................ Cymaco NV ...................... 49 CFR 173.302a(b) and 

180.205.

To authorize the ultrasonic examination of certain 

DOT specification cylinders in lieu of the specified 

internal visual examination and hydrostatic pressure test and to allow the plus marking without determining the elastic expansion by the water jacket 

method. (modes 1, 2, 3, 4, 5) 

14799–N ...... ........................ Takata-Petri CCI ............... 49 CFR 173.30 1(a) and 

173. 302a.

To authorize the manufacture, marking, sale and use 

of non-DOT specification cylinders similar to a OT 

39 cylinder for use as components of safety systems. (modes 1, 2, 3, 4) 

mstockstill on PROD1PC66 with NOTICES